Agenda — Ceres City Council, May 23, 2022

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(ZOOM and In Person)
City Council Chambers, 2701 Fourth Street
Monday, May 23, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez

ROLL CALL

Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Council Members: District 1 James Casey; District 2, (vacant); District 4 Mike Kline

NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 202 2-34, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY

OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID- 19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.

Click this link to join the webinar:
https://us02web.zoom.us/j/82715417675?pwd=BcUSW1d7MoUNBoktbP8Zb4imG3QvuY.1

Webinar ID: 827 1541 7675; Passcode: 718556; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected]

City Council Agenda

2 INVOCATION

Invocation by Pastor Tim Gianossa, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez

PRESENTATIONS

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non- agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Council Member or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the May 23, 2022 City Council meeting was posted on Wednesday May 18, 2022. (City Clerk)

2. Waive Readings. All Readings of Ordinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Approval of Minutes (City Clerk)
a. Minutes of April 11 , 2022, April 25, 2022 and May 9, 2022 Regular City Council meetings.

4. Register of Audited Demands for Period covering May 4, 2022 through May 11, 2022. (Dias)

5. General Correspondence – Information Only
a. Public Works monthly report for April 2022 (Royal)

6. Resolution No. 2022- 43, approving a three- month contract agreement with monthly thereafter extension of up to one-year with Del Puerto Water District for the emergency use of recycled water from the North Valley Regional Recycled Water Program and authorizing the City Manager to execute the contract. (Royal) City Council Agenda

3 7. Resolution No. 2022-44, awarding a custodial services contract for the Ceres Community Center to Environment Control and authorizing the City Manager to execute the contract. (Royal)

8. Resolution No. 202 2-45, awarding a service agreement contract for upgrading existing SCADA Panels at various Sewer Lift Stations to Access Industrial Automation, authorizing a 10% Contingency and authorizing the City Manager to execute the contract. (Royal)

9. Resolution No. 2022-46, awarding the Construction Contract for Morrow Village Phase 1- CDBG Sidewalk Improvements to George Reed Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Royal)

10. Resolution No. 2022-47, approving the use of ARPA funds to purchase lockers to upgrade the Police Department duty gear storage room and authorizing staff to move forward with the purchase. (Collins)

11. Resolution No. 2022-48, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (Interim City Clerk)

12. Resolution No. 2022-49, Resolution No. 2022-50 and Resolution No. 2022-51, Three (3) Resolutions relating to the calling and giving notice to hold a November 8, 2022, General Municipal Election for the election of Councilmember District 1 and Councilmember District 2 to serve four-year terms, and to hold a Special Municipal Election for the election of Councilmember District 4 to serve the remaining half-term of a four-year term (Interim City Clerk)

13. Final Adoption of Ordinance No. 2022-1072; a Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would allow main building heights up to 50 feet on properties zoned, “RC, Regional Commercial” subject to approval by the Planning Commission. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

14. Resolution No. 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager. (City Attorney)

PUBLIC HEARING

15. Public Hearing to consider an appeal of the Planning Commission’s decision of approval of a Conditional Use Permit entitlement to allow an existing snow cone/iced coffee business to operate on a year -round basis without a drive- thru operation at 2000 Central Avenue. The City Planning Commission considered this proposal at their April 18, 2022 meeting and approved the Conditional Use Permit request without a drive-thru operation by a 5-0 vote. (Hoem) City Council Agenda

4 NEW BUSINESS

16. Resolution No. 2022-52, approving the use of ARPA funds to purchase Banners for the Active Military/Veterans Banner Program and designating 4th, 3rd, and North Streets as the inaugural installation corridor. (Chavez)

17. Resolution No. 2022-53, approving a Development Impact Fee Credit Agreement between the City of Ceres and the Ceres Gateway Center, LLC. (Hoem)

DISCUSSION ITEMS

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda.)

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

18. PUBLIC EMPLOYEE PERFORMANCE EVLAUATION
Pursuant to Government Code Section 54957
Title: City Attorney

ADJOURNMENT
A Special City Council Meeting-Budget Workshop is scheduled on May 24, 2022 at 5:30 p.m. and the next Regular City Council meeting is scheduled on June 13, 2022.

AFFIDAVIT OF POSTING

I, Cristina Aguilar, Deputy City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on May 18, 2022, by 7:00 p.m. at the following locations in Ceres:

• Community Center Display Case - 2701 Fourth Street

/s/ Cristina Aguilar, Deputy City Clerk

City Council Agenda

5 Council Agenda: The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.

Related Materials: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)

City Council Minutes of April 11, 2022

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MINUTES

CITY COUNCIL REGULAR MEETING
(via ZOOM and in person)

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, April 11, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez called the April 11, 2022 Regular City Council meeting to order.

ROLL CALL

Present:

Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Council Members: District 1 James Casey, District 2 Linda Ryno, District 4 Mike Kline

INVOCATION

Provided by Pastor Jim Hanna from Grace Community Christian Church.

PLEDGE OF ALLEGIANCE

Led by Mayor Lopez

PRESENTATIONS
None.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

Public comments were made by Lee Brandt, John Osgood and Gene Yeakley.

City Council meeting was conducted in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.

ITEM 3
City Council Minutes of April 11, 2022

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APPOINTMENTS TO BOARDS/COMMISSIONS

A. Planning Commission Appointment Process (Hoem)

Director of Community Development Christopher Hoem presented the staff report.

Public Comments: John Warren inquired if the public was notified of the position being available.

MOTION: M
otion by Vice Mayor Silveira , seconded by Council Member Kline , to appoint Dave Johnson. Motion passed by roll call vote 3/2/0:

AYES: C
ouncil Members: Kline, Silveira, Mayor Lopez
NOES: Council Members: Casey, Ryno
ABSENT: Council Members: None

CONFLICT OF INTEREST DECLARATION
None.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the April 11, 2022 City Council meeting was posted on Wednesday, April 6, 2022. (Nayares-Perez)

3. Approval of Minutes (Nayares-Perez)
a. Minutes of February 14, 2022 Regular City Council meeting.

4. Register of Audited Demands for Period covering March 23, 2022 through March 30, 2022. (Dias)

5. General Correspondence – Information Only – None

6. Resolution No. 2022-27, authorizing the submittal of an application to the Office of Traffic and Safety for a Special Traffic Enforcement Program (STEP) Grant. (Collins)

7. Resolution No. 2022 -28, approving the Cost Sharing Agreement for the Urban Pavement Preservation Phase E with the County of Stanislaus, and Authorizing the City Manager to Execute the Contract. (Royal)
ITEM 3
City Council Minutes of April 11, 2022

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8. Resolution No. 2022-29, approving a Memorandum of Understanding between the City of Ceres and California State University, Stanislaus’ Career Ready U program, and Authorizing the City Manager to Execute the Contract. (Sims)

9. Resolution No. 2022 -30, approving a Professional Services Agreement with Municipal Resource Group LLC (“MRG") to provide Human Resources and Risk Management Consulting Services and authorizing the City Manager to execute the agreement. (Terrazas)

10. Resolution No. 2022 -31, approving the Mid -Year Budget Amendment for Fiscal Year 2021-2022. (Dias)

Items 7 and 9 were pulled by Council Member Ryno for discussion.

MOTION: M
otion by Council Member Kline , seconded by Council Member Ryno , to approve items 1 – 6, 8 and 10. Motion passed by roll call vote 5/0/0:

AYES: C
ouncil Members: Casey, Ryno, Kline, Silveira, Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 7
: Pulled by Council Member Ryno
Council Member Ryno inquired whether the funding was coming out of the City’s portion or out of Measure L.

Public Comments: John Warren asked for clarification on the funding for the section to be paved. John Osgood voiced his support in proceeding with the paving of the road.

MOTION: M
otion by Council Membe r Ryno , seconded by Vice Mayor Silveira, to approve Item 7. Motion passed by roll call vote 5/0/0:

AYES: C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None

Item 9
: Pulled by Council Member Ryno
Council Member Ryno inquired about the lodging terms of the agreement and if Municipal Resource Group, LLC could provide someone that lives closer.

Public Comments: John Osgood compared his understanding of the length in the work day with travel to that of a truck driver.

MOTION: M
otion by Vice Mayor Silveira, seconded by Mayor Lopez, to approve Item 9.

Motion passed by roll call vote 3/2/0:

AYES: C
ouncil Members: Casey, Silveira, Mayor Lopez
ITEM 3
City Council Minutes of April 11, 2022

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NOES: Council Members: Kline, Ryno
ABSENT: Council Members: None

UNFINISHED BUSINESS
None.

PUBLIC HEARING

11. Public Hearing to consider final adoption of Ordinance No. 2022-1071, approving NDC Map 103 adopting new City Council district boundaries . (City Attorney/City Clerk)

City Attorney Tom Hallinan provided a brief overview of the item.

Mayor Lopez opened the public hearing at 7:10 p.m.

There were no public comments.

Mayor Lopez closed the public hearing at 7:11 p.m.

MOTION: M
otion by Council Member Kline , seconded by Vice Mayor Silveira , to approve adoption of Ordinance No. 2022-1071. Motion passed by roll call vote 5/0/0:

AYES: C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None

12. Public Hearing to consider approving a proposal for Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial.” (Hoem)
• Introduction of Ordinance No. 2022-1072

Senior Planner James Michaels gave the presentation.

City Council and staff discussed the item.

Mayor Lopez opened the public hearing at 7:21 p.m.

Public Comments: Gene Yeakley inquired if there was a maximum to the height limit.

John Warren commented that he does not believe the height should be left unlimited and the final decision to be made by the Council. John Osgood inquired if the new businesses would be out of view if the zoning amendment is approved.

Mayor Lopez closed the public hearing at 7:33 p.m.

(Motion Fails)
MOTION: M
otion by Vice Mayor Silveira , seconded by Mayor Lopez , to introduce Ordinance No. 2022-1072. Motion failed by roll call vote 2/3/0:

AYES:
2 Council Members: Silveira, Mayor Lopez
ITEM 3
City Council Minutes of April 11, 2022

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NOES: 3 Council Members: Casey, Ryno, Kline
ABSENT: 0 Council Members: None

MOTION: M
otion by Council Member Kline, seconded by Mayor Lopez, to extend the public hearing to the May 9, 2022 meeting. Motion passed by roll call vote 5/0/0:

AYES: C
ouncil Members: Casey, Kline, Ryno, Silveira, Mayor Lopez NOES: Council Members: None
ABSENT: Council Members: None

NEW BUSINESS DISCUSSION ITEMS
None.

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2- City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.) None.

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor Lopez thanked City Clerk Diane Nayares-Perez for her service with the City. • Council Member Casey commented on the clean-up activities throughout the City and the positive changes being made.
• Council Member Ryno commented on various matters of concern during her time as a member of the City Council and thereafter announced her resignation. • City Manager Alex Terrazas commented on disposal of leaves and limbs, the success of the Easter Egg Hunt, the success of the Coffee with a Cop event and announced the Love Ceres scheduled for April 30th.
• Police Chief Rick Collins commented on the success of the Coffee with a Cop event. • Recreation Manager Joey Chavez commented on the success of the Easter Egg Hunt Event.

CLOSED SESSION

1. LIABLITY CLAIMS
Claimants: Hazel, Hector, Jenelle and Julie Madrigal
Agency Claim filed against: City of Ceres

REPORT FROM CLOSED SESSION

City Attorney Tom Hallinan reported that the Council voted 4- 0 to settle the Madrigal v.

City matter.

ITEM 3
City Council Minutes of April 11, 2022

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ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on April 25, 2022 at 6:00 p.m. i n the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

There being no further business, Mayor Lopez adjourned the meeting at 8:12 p.m.

____________________________
Javier Lopez, Mayor

____________________________________
By Cristina Aguilar, Deputy City Clerk
for Annabelle Aguilar, CMC, Interim City Clerk

Consistent with Council Policy, the minutes referenced above are in action format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter

ITEM 3

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MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, April 25, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Javier Lopez called the April 25, 2022 Regular City Council meeting to order.

ROLL CALL

Present:

Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Councilmembers: District 1 James Casey and District 4 Mike Kline Note: District 2 (vacant)

INVOCATION

Provided by Pastor Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE

Led by Mayor Lopez

PRESENTATIONS

A. Proclamation declaring Saturday, April 30, 2022 as Love Ceres Day in the City of Ceres.

Councilmember Casey presented the proclamation.

B. Proclamation declaring April as Sikh Awareness Month.

ITEM 3
City Council Minutes of April 25, 2022

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Mayor Lopez presented the proclamation.

C. Proclamation declaring May 1-7 as Public Service Recognition Week.

Mayor Lopez presented the proclamation.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

David Yonan inquired on what will be happening with the old Walmart site.

Candace Fernandez commented on the zoning change from recreation to MX -2 for the property near Golf Links Road and asked for clarification on how the residents in the area were notified of the change.

Kenneth Thornberry inquired on how he could review the City Manager Employment Agreement and how the fifth Council seat would be filled.

Brandy Meyer thanked everyone that helped with the Love Ceres event.

John Warren announced that May 1
st to 7th was Peace Officers Memorial Week.

Gene Yeakley inquired on how much money the City spen ds monthly on cleaning up vandalism.

Resident Luis asked for more tennis courts to be added to City parks.

Shirley Rogers sent an email commenting on the amount of time it takes for a payment mailed in to post to her utility account.

APPOINTMENTS TO BOARDS/COMMISSIONS
None

CONFLICT OF INTEREST DECLARATION
None

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the April 25, 2022, City Council meeting was posted on Wednesday April 20, 2022. (City Clerk)

3. Approval of the February 28, 2022, Regular City Council meeting Minutes ( City Clerk)
ITEM 3
City Council Minutes of April 25, 2022

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4. Register of Audited Demands for Period covering April 6, 2022, through April 13, 2022. (Dias)

5. General Correspondence – Information Only
a. Public Works monthly report for March 2022 (Royal)
b. Redevelopment & Economic Development Department Monthly Report – February and March (Sims)

6. Resolution No. 2022 -32, Authorizing a Budget Amendment and Authorizing the City Manager to Approve a Purchase Order for Four (4) Hach Nitrate Analyzers for Wellhead Treatment Projects. (Royal)

7. Resolution No. 2022-33, Adopting in Concurrence with Stanislaus Urban County Consortium FY 2022-2023 Annual Action Plan and Support of Submission to HUD. (Hoem)

8. Resolution No. 2022-34, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

9. Resolution No. 2022-35, Approving the Improvement Agreement and recordation of the Subdivision Map for the Cambridge Estates Subdivision, Phase 2. (Hoem)

10. Resolution No. 2022-36, Approving an Enterprise Service Agreement with Vigilant Solutions for the term of one (1) year in conjunction with the purchase of three (3) Mobile License Plate Readers and authorizing the City Manager to execute the Service Agreement. (Collins)

Item 7 was pulled by Council Member Casey, item 9 was pulled by Mayor Lopez and items 8 and 10 were pulled by the public for discussion.

MOTION: M
otion by Vice Mayor Silveira, seconded by Councilmember Kline , to approve items 1 – 6. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira, and Mayor Lopez
NOES: None
ABSENT: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 7
: Pulled by Councilmember Casey
Councilmember Casey commented on the lack of public participation and the same issue has been discussed at other cities’ Council meetings. He suggested various ways to have information sent out to encourage public participation.

Public Comments: John Warren made suggestions on notifying the public of agenda items to improve public participation . John Osgood commented that he was not aware of the public hearing.

ITEM 3
City Council Minutes of April 25, 2022

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MOTION: M
otion by Vice Mayor Silveira, seconded by Council member Casey, to approve Item 7. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira, Mayor Lopez
NOES: None
ABSENT: None

Item 8
: Pulled by Member of the Public
Council Member Kline inquired if Council meetings would be held in the Council chambers going forward.

Mayor Lopez suggested going back to in person meetings with Zoom option without the resolution.

Public Comments: John Warren commented that the Zoom portion should be an option only and not a requirement. John Osgood inquired if the state required a hybrid meeting.

Kenneth Thornberry asked for clarification on what Assembly Bill 361 allows.

MOTION: M
otion by Vice Mayor Silveira, seconded by Councilmember Kline , to approve Item 8. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline Silveira and Mayor Lopez
NOES: None
ABSENT: None

Item 9
: Pulled by Mayor Lopez
Mayor Lopez stated that the item was pulled per the applicant request.

Director of Community Development Christopher Hoem stated that the applicant would like the item continued on the May 9, 2022 City Council meeting.

MOTION: M
otion by Vice Mayor Silveira, seconded by Councilmember Kline , to continue item on the May 9, 2022 Council meeting. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira and Mayor Lopez
NOES: None
ABSENT: None

Item 10
: Pulled by Member of the Public
Public Comments: John Warren inquired if the purchase would use American Rescue Plan Act funds. Gene Yeakley asked for clarification on the training officers would receive and the cost of maintenance after the contract expires.

MOTION: M
otion by Councilmember Kline seconded by Vice Mayor Silveira, to approve Item 10. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira and Mayor Lopez
NOES: None
ITEM 3
City Council Minutes of April 25, 2022

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ABSENT: None

UNFINISHED BUSINESS

PUBLIC HEARING

11. (Hearing set for April 25, 2022 at the March 28 th City Council meeting; Applicant and Appellant have requested an indefinite continuance).

A Request to table the Public Hearing for City Council consideration of a proposal for a Rezoning of the property located at the northeast corner of East Hatch Road and Golf Links Drive to modify the existing “MX -2, Mixed Use – 2” zoning designation to a “CC, Community Commercial” zoning designation within the Mitchell Road Corridor Specific Plan, and to consider an appeal of the Planning Commission’s decision approving a Vesting Tentative Parcel Map and a Specific Plan Site Plan entitlement involving the subdivision of a 2.16- acre commercial zoned site into three parcels with a new commercial building proposed for each parcel. (Hoem)

• At the March 28th Council meeting this Public Hearing was continued to the April 25, 2022, regular Council meeting; subseque ntly the Applicant and Appellant have requested to table the matter indefinitely.

Director of Community Development Christopher Hoem provided a brief overview of the item.

Mayor Lopez opened the public hearing at 6:54 p.m.

Public Comments: Kenneth Thornberry commented that he agreed with a temporary continuance and requested a report on a safety and traffic study prior to the amended Mitchell Road Corridor Plan. John Osgood asked for clarification on what the parties were requesting and the process.

City Council and staff discussed the item.

Public Comments: Pam Thornberry commented on what allowing the change in zoning would mean for the golf course. Kenneth Thornberry commented that they would like a full Council before a decision is made. Dave Romano commented that they consent to an indefinite continuance. John Osgood commented that at a certain point the zoning issue needed to be addressed regardless of both parties’ agreement. Candace Fernandez asked for the Council to consider how traffic will be affected in the River Oaks neighborhood.

Mayor Lopez closed the public hearing at 7:12 p.m.

MOTION: M
otion by Councilmember Kline seconded by Vice Mayor Silveira, to table item 11. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira and Mayor Lopez
NOES: None
ABSENT: None

ITEM 3
City Council Minutes of April 25, 2022

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NEW BUSINESS

12. Council Discussion and Action for filling City Council, District 2 Vacancy. (City Attorney)

City Attorney Tom Hallinan provided a brief overview of the item.

Public Comments: Gene Yeakley and John Osgood suggested they take applications to fill the Council seat. John Warren suggested the seat be left vacant. Resident Maria inquired on the area District 2 covers.

City Council and City Attorney discussed the item.

MOTION: Motion by Council Member Casey to move forward with appointing someone.

Motion failed due to lack of a second.

MOTION: M
otion by Vice Mayor Silveira seconded by Councilmember Casey, to leave the District 2 seat vacant until the November election. Motion passed by roll call vote 3/1/0:

AYES: C
ouncilmembers: Kline, Silveira and Mayor Lopez
NOES: Councilmember Casey
ABSENT: None

13. Resolution No. 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager

Public Comments: John Osgood commented on the positive working relationship he has built with Interim City Manager Alex Terrazas. John Warren commented on the compensation for the proposed City Manager.

Councilmember Kline commented on tabling the item for clarification of changes made.

Councilmember Casey stated he expected a closed session discussion prior to consideration for approval.

MOTION: M
otion by Councilmember Kline seconded by Councilmember Casey, to table Resolution 2022-37 until the next regular City Council meeting on May 9, 2022 to allow review of the changes made. Motion passed by roll call vote 3/1/0:

AYES: C
ouncilmembers: Casey, Kline and Mayor Lopez
NOES: Councilmember Silveira
ABSENT: None

14. Resolution No. 2022-38, Ratifying the Appointment of Kevin Waugh to the Position of Director of Engineering. (Terrazas)
ITEM 3
City Council Minutes of April 25, 2022

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City Manager Alex Terrazas provided a brief overview of the item.

MOTION: M
otion by Councilmember Kline seconded by Vice Mayor Silveira, to approve Resolution 2022-38. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira and Mayor Lopez
NOES: None
ABSENT: None

DISCUSSION ITEMS
None.

COUNCILMEMBER REFERRALS
Council Members request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2 - City Council Meetings, J -8.

City Council Referrals/Determination of Items for Agenda.) None.

REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• City Manager Alex Terrazas encouraged everyone to participate in the Love Ceres event.

CLOSED SESSION
None.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 9, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

There being no further business, Mayor Lopez adjourned the meeting at 7:41 p.m.

____________________________
Javier Lopez, Mayor

____________________________________
By Cristina Aguilar, Deputy City Clerk
for Annabelle Aguilar, CMC, Interim City Clerk

Consistent with Council Policy, the minutes referenced above are in action format. The complete recording of the meeting can be viewed at https://www.ci.ceres.ca.us/agendacenter ITEM 3
ITEM 3

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MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in person)
City Council Chambers, 2701 Fourth Street

Monday, May 9, 2022 – 6:00 p.m.

Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Javier Lopez called the May 9, 2022 Regular City Council meeting to order.

ROLL CALL

Present:

Mayor Javier Lopez
Vice Mayor Bret Silveira (District 3)
Councilmembers: District 1 James Casey and District 4 Mike Kline Note: District 2 (vacant)

INVOCATION

Provided by Pastor Pete Kirchhoff, Youth for Christ Central Valley.

PLEDGE OF ALLEGIANCE

Led by Mayor Lopez.

PRESENTATIONS

A. Declaring May 15-21 as National Public Works Week in the City of Ceres

Mayor Lopez presented the proclamation to Acting Public Works Director Sam Royal.

B. Recognition of former Councilmember Linda Ryno for years of service to the City of Ceres
City Council meeting was conducted in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.

ITEM 3
City Council Minutes of May 9, 2022

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Mayor Lopez recognized former Councilmember Ryno with the presentation of a plaque; who was not present to receive it.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

Maria del Carmen Palafox Iniguez, who spoke only Spanish, requested Deputy City Clerk Cristina Aguilar read her written statement into the record concerning complaints made against her by a Mr. Gene Yeakley.

Susan Sawyer, Acting Ceres Library Supervisor, provided an update on the library’s activities.

Jose Valdez spoke in regard to trash left on his property and the high volume of traffic and vehicles parking near his home by people who are attending the baseball games at Costa field.

Linda Salas spoke in regard to a single individual’s preferences of loud music and pet noise holding the community hostage.

Gene Yeakley spoke in regard to a particular case with animal services, distributing the City’s noise ordinance to people, and referred to a possible related hearing on May 27 th.

Fernando [Inuguez], Maria Castellanos, Elias Rivera , Jaime Moreno, Alex Lopez, and Angelica Gutierrez, spoke in regard to their concerns with a particular neighbor filing noise complaints against them with the City’s Police Department.

John Warren congratulated former Councilmember Ryno for her service, and commented on his inability to hear the public spe ak when they are facing and addressing the City Council.

APPOINTMENTS TO BOARDS/COMMISSIONS
None

CONFLICT OF INTEREST DECLARATION
None

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the May 9, 2022, City Council meeting was posted on Thursday, May 5, 2022. (City Clerk)

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3. Approval of Minutes of the March 14, 2022 and March 28, 2022 Regular City Council meeting.

4. Register of Audited Demands for Period covering April 20, 2022 through April 27, 2022. (Dias)

5. General Correspondence – Information Only – None

6. Resolution No. 2022 -39 approving a contract with the Department of California Highway Patrol for their use of the Police Department Range for a term of three (3) years at a use rate of $2,400.00 per year and authorizing the City Manager to execute the contract. (Collins)

7. Resolution No. 2022-40 declaring its Intention to Levy and Collect Fees for the 1987 Landscape and Lighting Districts for Fiscal Year 2022/2023, and Direct the City Engineer to Sign and Public Works Director to File an Engineers Report, and Establish a Public Hearing on June 13, 2022, for the Levy of the Annual Assessments. (Royal)

8. Resolution No. 2022-41 approving a City of Ceres Social Media Policy. (Hoem)

MOTION: M
otion by Councilmember Kline , seconded by Vice Mayor Silveira, to approve items 1 through 8 as presented. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira, and Mayor Lopez
NOES: None
ABSENT: None

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR None

UNFINISHED BUSINESS
None

PUBLIC HEARING

9. Introduction of Ordinance 2022-1072 for Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission. (Hoem)

Community Development Director Christopher Hoem presented the staff report.

Council and Staff discussed the item.

Public Comment: John Warren inquired about the ability to prevent someone from building a 50 foot high h otel building on a vacant lot next to the Catholic Church, across from Walmart (off of Mitchell Road).

ITEM 3
City Council Agenda of May 9, 2022

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MOTION: M otion by Vice Mayor Silveira, seconded by Councilmember Kline , to approve the first reading and introduction of Ordinance 2022-1072 as presented. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira, and Mayor Lopez
NOES: None
ABSENT: None

NEW BUSINESS

10. Resolution No. 2022-35 approving the Subdivision Improvement Agreement and recordation of the Subdivision Map for the Cambridge Estates Subdivision, Phase

2. (Hoem)

C
ommunity Development Director Christopher Hoem presented the staff report.

Councilmember Kline inquired about asking the Developer to improve the fencing material that connects to the ranchette properties.

Public Comment: Rosalinda Vierra inquired about improvement s to the uneven roads , and stated that the properties located behind the subdivision chain link fence contain livestock.

MOTION: M
otion by Councilmember Kline , seconded by Vice Mayor Silveira, to approve the Resolution No. 2022- 35, with the caveat that Director Hoem check with the Developer to see if they would be willing to improve the fencing material rather than installing a chain linked fence. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira, and Mayor Lopez
NOES: None
ABSENT: None

11. Resolution No. 2022 -42 ratifying the Appointment of Delilah Vasquez to the Position of Director of Human Resources

City Attorney Alex Terrazas presented the staff report, and reported that she would begin at $145,344 per year.

MOTION: M
otion by Councilmember Kline , seconded by Vice Mayor Silveira, to approve the Resolution No. 2022-42 as presented. Motion passed by roll call vote 4/0/0:

AYES: C
ouncilmembers: Casey, Kline, Silveira, and Mayor Lopez
NOES: None
ABSENT: None

DISCUSSION ITEMS
None

ITEM 3
City Council Agenda of May 9, 2022

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REPORTS
At this time, any Council Members or City Staff will make an announcement, or report briefly on his or her activities.

• Mayor Lopez thanked the Chamber of Commerce, the Lions Club, and City staff for the successful Street Faire event, and also thanked those who participated in the Cinco de Mayo event.
• Councilmember Casey spoke in regard to reconsideration of filling the District 2 seat , and his concern with conducting business with only four Council members . Mayor Lopez reminded everyone that as an elected at-large officer he represented District 2 and citizens could always reach out to any Council Member. • Vice Mayor Silveira thanked the Street Faire Committee and all the people involved with the successful Street Faire event, and confirmed his opinion that the City is fine to wait until the November election. He also announced the upcoming Concert in the Park events.
• City Manager Tezzares echoed the comments of the wonderful Street Faire, and thanked everyone for the success of the event as well as the success of the Love Ceres event.
• Police Chief Rick Collins commended his staff for the professional handling of various events.

CLOSED SESSION

12. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager

Mayor Lopez announced the item; there were no public comments. Council adjourned to Closed session at 7:22 p.m.

REPORTS FROM CLOSED SESSION

City Attorney Tom Hallinan reported that direction was provided to staff.

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 23, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA

There being no further business, Mayor Lopez adjourned the meeting at 8:05 p.m.

____________________________

Javier Lopez, Mayor

____________________________________
Annabelle Aguilar, CMC, Interim City Clerk
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ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4

MEETING DATE: May 23, 2022

TO: Mayor and City Council

FROM: Alex Terrazas, Interim City Manager

CONTACT: Sam Royal, Interim Public Works Director
[email protected], (209) 538-56
17 SUBJECT: Public Works monthly report for April 2022

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKG
ROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of April 2022.

FACILITY SERVICES:

• Completed 11 5 Facilities Maintenance Work Orders including: 85 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs and 3 0 preventive maintenance services
• Installed a new ice maker at Fire Station 2
• Installed (10) new pole light fixtures on Costa Fields concourse • Completed a roof assessment report for all City Buildings. Fire Station 4, City Hall/Annex and Legion Hall need replacement. All others are in good shape • Assisted with SCADA improvements, trouble shooting and repairs to well controls for Park’s irrigation improvements, Streets’ lift stations and Water’s wells and communications • Cleaned up homeless debris once at Independence Park and once at Roeding Park

ITEM 5a
Maintenance activities performed by one (1) Supervisor, two (2) Facility Maintenance Workers, four (4) Custodians, one (1) vacant Custodian and one (1) vacant Facility Maintenance Worker.

FLEET SERVICES:

Completed 83 work orders

○ Fleet Dept. 20
▪ annual service lift and crane inspections
▪ completed 34 services

○ Fire Dept. 15
▪ 1 recall completed

○ PD Dept. 10
▪ Received new 2022 police chief explorer
▪ Continue the install/retro fit of new police computers ▪ 9 services completed

○ Streets Dept. 30
▪ Street Sweeper hopper dump door reseal
▪ 5 services completed

○ Water: Dept. 35
▪ 2 services completed

○ Parks Dept. 40
▪ New replacement Brush Hog, tractor attachment, embankment mower ▪ 7 services completed

○ WW Dept. 25
▪ Received new sewer line tv van, set up for service
▪ 9 services completed

○ Facilities: Dept. 41
▪ 2 services completed

Emergency and non-emergency City vehicles and equipment are maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic and two (2) Maintenance Mechanics.

LANDSCAPE MAINTENANCE:

• Completed a total of 285 service requests in the following categories:
o Bike Path Repairs: 0
o City Grounds Maintenance: 21
ITEM 5a
o Park Landscape and Maintenance: 211
o Parks Landscape chemical usage: 200 gallons Parks / Grounds o Playground and Equipment Repairs: All parts for several playgrounds ordered 60 day plus on arrival
o Playground and Equipment Inspections: 1
o Right of Way (ROW) Irrigation Repairs: 22 sprinklers and 1 valve o Park Trees: 6 Trimmed
o Tree Customer Requests (Tree or Limb Down, Trims or Removals): 25

• Parks sprinklers repaired or replaced:
o Barry Grove – 0
o Costa Fields – 2 maintenances
o Don Pedro – 4 vandalisms
o Independence –0
o Neel Dog Park – 4 maintenances
o Neel Park – 2 vandalisms
o Persephone – 3 maintenances
o Redwood – 0
o Riverbluff – 11 maintenances Field 4 and 3
o Riverview – 2 vandalisms
o Roeding Hts. – 1 vandalism
o Sam Ryno – 2 maintenances
o Smyrna – 2 maintenances
o Strawberry – 2 vandalisms
o Whitmore – 3 maintenances

• Parks General Maintenance/Repairs:
o Disinfected all playgrounds in parks once per week
o Steam cleaned covered areas of River Bluff and Smyrna o Graffiti removal in parks at Sam Ryno (3), Strawberry (5), River Bluff (2), Roeding (2), Neel (1), Persephone ( 2), Smyrna (8), Berry Grove, and Independence ( 1) parks @ $6,500.00

• Grid Prune by West Coast Arborists (WCA)
o Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned o Stared grid 4 4/18/22
o Grid # 1,2,4 & 5 uncompleted with a total of 8,571 trees unpruned o Pending: 167 High Risk, 11 Removals and 56 Trims from July

Grounds

• Right of Ways (ROWs):

ITEM 5a
o Hatch Road - Code Enforcement involved due to property damages, boulders moved, and trees cut down by homeowners. Still awaiting approval from Engineering to approve “No Parking Signs” in City ROW
o Brown and Hackett placed wood chips in ROW
o Replaced 5 sprinklers along 4th Street at the Community Center due to vandalism o Re-staked 4 trees along Eastgate and 11 trees along Fowler Road; 3 trees damaged by vandalism

• Smyrna Park
o Re-staked 2 trees along Presidential walkway due to vandalism

• River Bluff Park:
o Repaired 6” water main on field 3 removed one tree directly over line o Playground area - replaced 4 sprinklers and capped 1 due to vandalism o Repaired fence to lower area due to fire 4 times
o Brush hogged lower area

• Guillermo Ochoa Park:
o Ongoing maintenance of Carousel and Merry-Go-Round
o Repaired carousel damaged by vandalism 1 time
o Removed Merry-Go-Round wheel due to Vandalism; parts have arrived to be repaired soon

• City Parks, landscaping and maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker , three (3) Park Maintenance Workers, and zero (0 ) part-time Maintenance Worker.

SOLID WASTE & RECYCLING:

Reminder: Leaf & Limb collection season ended on January 9 th. Further, the courtesy collection service that was being offered by Bertolotti concluded on May 1 st. Any piles left out on street will be subject to violation penalties as dictated through the City’s municipal code.

Residential…………………….… 1,102.09 tons
Commercial……………………… 1,552.04 tons
Illegal dump……………………… 17.30 tons, 32 locations
Bulky items…………………….… 55.51 tons,132 locations
Leaf/limb (Courtesy/illegal) ….… 58.77 tons, 41 locations Street Sweep………………….… 44.07 tons
ITEM 5a
Commercial Organics…………. 101.65 tons
Residential Recycle………….… 182.06 tons
Commercial Recycle …………… 310.75 tons
Used oil…………………………… 758 gallons
Used oil filter……………...……… 79
*In an effort to combat blight issues, City staff collected an additional 316 leaf & limb/illegal disposal sites totaling 58.77 tons of debris.

• Education and outreach efforts for the recent changes to the City’s solid waste collection services have included:

 Numerous phone calls and responses to individual customers via phone and email requests
 City website updates
 Landscape signs posted throughout town
 Social media pages have been created on Facebook and Instagram to deliver regular announcements on Public Works important information (including the new garbage collection service)
 Studio 209 commercial (was shown on the Ceres Courier and all affiliate newspapers) websites as well as the Public Works social media pages  There have been 10 Ceres Courier articles and 3 Modesto Bee articles on the program changes
 Advertisement in the Stanislaus County Fair tab published in the Ceres Courier and affiliate newspapers
 Utility billing insert was included in the November utility billing mailer  A second utility billing insert with the garbage, organics, and recycling schedule information was included in February’s billing mailer as well as on the City’s website  A doorhanger was delivered to customers when they received their additional cart  A partnership with the Ceres Courier now provides a bi-weekly column, written by Public Works staff to provide regular updates on important information and projects affecting residents (including the changes to garbage service)
 A promotional magnet with information on what material goes in each cart is being distributed with violation notices and with community outreach activities  A presentation to a local civic was provided in November. Any further commu nity groups interested will be accommodated as well
 Leaf and Limb program notices were distributed to customers still placing piles for collection past the program end date by Public Works, Code Enforcement and Bertolotti employees
ITEM 5a
 Garbage Cart storage violation notices were distributed to incompliant residents to notify them of code requirements by Public Works, Code Enforcement and Bertolotti employees

Solid Waste Division work is performed by one (1) Administrative Analyst and (2) Field Service Technicians.

STREETS SERVICES:

• Staff responded to a total of 47 customer service requests • Responded to 204 Underground Service Alerts (USA) markings • Responded to 34 Code Enforcement assisted clean ups
• Picked up 313 illegal leaf and limb piles
• Repaired 18 streetlights
• The street division has been loaning out 1 staff member 1 to 4 days per week to work on Wastewater and Parks Divisions’ SCADA issues
• Please note the Street’s division has been down one staff member since January due to workers comp injury
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator.

WASTEWATER (WWTP):

• Responded to 5 customer service requests and 18 sewer problems, during working hours and after hours
• Staff responded to 2 Smart Cover alarms that prevented Sanitary Sewer Overflows (SSOs).

There were (0) SSOs in April
• Serviced or Repaired:
o Lift Stations – 7
o WWTP Equipment – 12
o Main line sewer plugs – 2
o Aerators – 0
• Staff performing weekly landscape maintenance, weed abatement, and levee erosion control • Staff checked on force main to Turlock
• Staff cleaned 21,706 feet of sewer main line
• Due to the TV unit being broken and unrepairable, Staff CCTV inspected 0 feet of sewer line.

However, the new CCTV Van arrived on April 27th
• Staff continuing process of updating the Wastewater Discharge Report (WDR) • Staff assisted HR with the interviewing process to fill 3 open operator positions • SCADA Integrator, Jeff Burrows, and Wastewater Systems Supervisor, Matthew Williams, continued converting lift station and treatment plant control panels to the new SCADA system ITEM 5a
• Staff worked with Roy Castaneda from Facilities Division and Shawn Walker from Streets Division to retrofit and install a new irrigation pump control system and integrate it into SCADA • Staff attended trainings for pesticide and herbicide spraying • Staff performed pond maintenance by discing and ripping percolation ponds 3 and 4 • Staff completed cleaning and servicing of all 13 currently operating aerators in the treatment lagoons
• Staff marked 202 USA tickets, which took 26 hours; preventing contractors from damaging city sewer lines
• Staff sampled and delivered sampled for Export Effluent Upgrade Project • Turlock sewer use charges $84,557.30 for the month of April • M odesto sewer use charges have not yet been received for the month of April and will be included in the May monthly report
• Biochemical Oxygen Demand (BOD) 46 mg/L
• Treated and disposed of 69.96 mg of wastewater with an average of 2.33 mg/D

Ceres Wastewater System maintenance is performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, one (1) Operator II, one (1) Operator I, one (1) Operator -in-Training, and one (1) Maintenance Worker II. There are still three (3) open Operator positions. • An employment offer was extended to fill a vacancy and the potential new hire accepted with reservations due to pay. They later rescinded their acceptance at the last minute after completing the background check and physical, as well as many other preparations for their employment. In 2022 to date, 4 offers of employment have been extended, 2 rescinded after accepting and beginning the hiring process, 1 began their employment, and 1 is scheduled to start in May.

WATER SERVICES:

• April 2022 well production was 170.68 million gallons • Average water use for April 2022 was 5.68 million gallons per day • Water staff responded to 32 customer service requests • Water staff responded to 96 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,801
o Meters/radios serviced: 10
o Meters replaced: 10
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 2
o Meters tested for accuracy: 7
• Total valves in water distribution system: 4,402 of which 60 were exercised • Blow-offs and hydrants flushed: 23
• Water main leaks: 0
• Service line leaks: 1
• Service lines have been replaced: 1
ITEM 5a
• Hydrants replaced: 2
• Three service lines were repaired and run
• Well 23 motor Installed
• Well 38 motor Installed

WATER CONSERVATION:

April 2022 calculated residential gallons used per person per day: 82.04 • Annual average is 91.02 gallons per person per day
• Responded to 29 water conservation service requests
• Issued courtesy notifications: 137
• Performed 2 water audits
• Delivered 44 water waste warnings and 4 water waste fine • Rebates Issued: Dishwasher: 1, Smart Irrigation: 1, ULF Toilets: 4, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 58
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For April 2022, we had an increase of 12.94% from the April 2020 production numbers.

ITEM 5a

Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative Analyst, One (1) Sr. Water Distribution Operator, nine (9) Water Distribution Operators, two (2) Field Service Technicians, one (1) part-time Water Conservationist.

Approved by: ___________________________
Alex Terrazas, Interim City Manager
ITEM 5a
ITEM 5a

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Samir Royal, Interim Public Works Director
[email protected], (209) 538-5617
SUBJECT:

Resolution 2022-43, Approving a three-month contract agreement with monthly thereafter extension of up to one-year with Del Puerto Water District for the emergency use of recycled water from the North Valley Regional Recycled Water Program and authorizing the City Manager to execute the contract

RECOMMENDED COUNCIL ACTION:

Staff recommends City Council authorize the City Manager to approve a contract for the emergency use of recycled water with Del Puerto Water District.

I. BACKG ROUND:

The City of Ceres is i n partnership with Del Puerto Water District (Del Puerto) and the Ci ty of Turlock through the North Valley Regional Recycled Water Program (NVRRWP) to provide recycled wastewater to the agricultural customers of Del Puerto Water District. Del Puerto Water District historically has struggled with meeting its customer ’s demand for agricultural water due to the drought and water cutbacks to the State Water Project.

In 2018, the Del Puerto Water District (DPWD), in cooperation with the City of Ceres, City of Modesto and the City of Turlock completed Phase II of the North Valley Regional Recycled Water Program (NVRRWP). NVRRWP’s primary objective is to use treated recycled water from the Cities of Ceres, Turlock, and Modesto for use by customers within DPWD and South of Delta CVPIA designated Wildlife Refuges. The NVRRWP helps provide a more reliable and resilient water supply for agriculture and the environment. The crops grown in Del P uerto Water District range from almonds, corn and peaches to row crops like alfalfa and tomatoes. The recycled water is a valuable resource for local farmers as well as a benefit to the local economy.

Del Puerto has offered to pay for the increased costs of treatment and additional fees for the City of Ceres to send 1.8 MGD of the 2.0 MGD capacity to the City of Turlock’s Wastewate r ITEM 6
Treatment Plant. Today the City only sends about half of the purchased capacity to Turlock because land application on site is far cheaper. However, this water can go to good use at no additional cost to the City. The proposed contract with Del Puerto is for ninety (90) days with monthly extensions for up to one year.

Exhibit A is a cost table that identifies the current charges that the City of Ceres pays Turlock for treating the current flows under Current Average Costs. The next column lists the total costs for treating the increased flows. The cost the City pays is approximately $1,027,000 annually . The table also identifies the increased annual charges as $2,828,000 which includes both what the City pays and what Del Puerto will pay. The last column in the table named Estimated Additional Costs breaks down the total cost to identify what Del P uerto would pay which is all additional electrical and treatment costs. The amount Del Puerto would be responsible for is $1,801,000.

II. RE ASONS FOR RECOMMENDATIO N:

The City of Ceres has the ability to provide emergency water for agricultural use for the benefit of local famers. The drought in California is unprecedented and the City can relieve some of the drought impacts by allowing more water to flow to the Turlock Wastewater Plant and into the NVRRWP at no additional costs to the City. The benefit to the City would be a decrease in salt and nitrate loading to the groundwater basin which is becoming more restricted by the Regional Water Quality Control Board across the San Joaquin Valley.

III. F
ISCAL IMPACTS:

All additional costs shall be borne to Del Puerto Water District and not the residents of the City of Ceres. There are no additional costs to the City of Ceres.

V. PO
LICY ALTERNATIVES:

The alternative is to not sign the agreement and maintain the current flow structure between Ceres Wastewater Treatment Plant, City of Modesto Wastewater Treatment Plant and the Turlock Wastewater Treatment Plant.

VI. STEPS FOLLOWING APPROVAL:

Upon City Council approval the City Manager will execute the contract with Del Puerto Water District.

Approved by:_____________________________
Alex Terrazas, Interim City Manager

ITEM 6
Attachments:

1. Exhibit A

2. Memorandum of Agreement

3. Resolution
ITEM 6
ITEM 6
EXHIBIT “A” COST ANALYSIS

Flow and Cost Component Current
Average Costs
Estimated Future
Annual Cost
Estimated
Additional Cost
Total Flow (Mgal/d) 0.9 1.8 0.9
Turlock RWQCF Costs $1,005,000 $2,733,000 $1,728,000
Electrical Export Pumping Costs $22,000 $95,000 $73,000 Total Costs $1,027,000 $2,828,000 $1,801,000

1. Estimated using Turlock RWQCF historical data from Jan. 2016 to Dec. 2021. Rate charges provided by Dan Madden in February 2022 and are therefore based on a February 2022 CCI ENR of $12,684.

ITEM 6
ITEM 6

MEMORANDUM OF AGREEMENT REGARDING

PAYMENT OF COSTS FOR THE TEMPORARY INCREMENTAL INCREASE OF

WASTEWATER FROM THE CITY OF CERES TO THE TURLOCK TREATMENT PLANT

This Memorandum of Agreement (this “MOA”) is entered into this 23rd day of May 2022 (the “Effective Date”), by and among (i) the D EL PUERTO WATER DISTRICT (“District”) and (ii) the CITY OF CERES (“ City”). District and City shall sometimes be referred to herein individually as a “Party” and collectively as the “Parties”.

RECITALS

1. District is a California Water District that receives from various sources, including the City of Turlock by way of that certain Water Supply Agreement Between the City of Turlock and Del Puerto Water District, dated May 10, 2016 (the “Turlock Contract”).

2. The District and the City of Turlock entered into the Turlock Contract in connection with and in furtherance of the North Valley Regional Recycled Water Program (“Program”), and the related May 2010 North Valley Regional Recycled Water Project Collaborative Partnership MOU (the “MOU”), to which City, the City of Modesto and the County of Stanislaus are also signatories.

3. In connection with and in furtherance of the Turlock Contract, the Parties secured such agreements, permits, regulatory approvals, and other entitlements as are necessary for City to sell to District, and for District to take delivery of, NVRRWP Program Water (as defined in the Turlock Contract) from the Delta- Mendota Canal (“DMC”).

4. The City and the City of Turlock have executed Agreements #1 and #2 which provide for the disposal of up to 2.0 MGD of secondary wastewater flow for further treatment at the Turlock treatment plant.

5. The City currently disposes approximately .9 MGD to the Turlock plant, underutilizing its existing capacity. The City potentially has available up to an additional .9 MGD which could be sent to Turlock on an immediate basis.

6. District desires to take delivery the additional flows resulting from the increases in disposal to the Turlock WWTP for irrigation purposes within its service area.

7. The Parties desire by this MOA to establish the preliminary terms and conditions governing such delivery, and District’s obligations to cover all costs as are necessary to facilitate such delivery.

ITEM 6

AGREEMENT
NOW, THEREFORE, in light of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. District shall have the right, subject to such agreements, permits, regulatory approval and other entitlements as are necessary, to delivery of up to .9 MGD of increased flows from Ceres to Turlock.

2. District shall be solely responsible for all costs associated with the increased flows over the existing .9 MGD, including sewer use charges, TSS and BOD penalty charges, and any additional electrical costs incurred by the City.

3. City shall not be required to incur any unreimbursed out-of-pocket expenses in connection with this MOA.

4. District agrees to indemnify, defend and hold harmless City , and each of its officers, directors, employees and agents from and against any claims by third parties for losses, claims, demands and causes of action (“Claims”) brought against an indemnified Party that arise out of, result from or relate to, in whole or in part, District’s intentional or negligent acts, errors, omissions, breaches, defaults or failure to adhere to the terms and conditions of this MOA, to the extent of District’s responsibility for the actions giving rise to any Claim.

5. Subject to the terms and conditions of Section 3 above, e ach Party agrees that it will, from time to time as necessary for the fulfillment of this MOA, perform, execute, and deliver all such further acts, agreements, and assurances as may be reasonably required to effectuate the terms and conditions hereof.

6. Except as otherwise provided herein, all obligations of the Parties will be suspended so long as, and to the extent that, the performance thereof will be prevented by Force Majeure including without limitation earthquakes, fires, tornadoes, facility failures, floods, drowning, strikes, other casualties or acts of God, orders of court or governmental agencies having jurisdiction over the subject matter hereof, or other events or causes beyond the control of the Parties.

7. This MOA cannot be assigned by any Party hereto without the prior written consent of the other Parties.

8. This MOA shall be governed and interpreted by and under the laws of the State of California. This MOA supersedes all prior discussions and agreements between and among the Parties with respect to the subject matter hereof and contains the sole and entire agreement between and among the Parties with respect thereto. This MOA shall not be amended except by a written instrument signed by all Parties.

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9. Nothing herein shall be deemed to alter, amend, or in any other way modify either of the Party’s rights, duties, or obligations related to the Program.

10. This MOA shall remain in effect for up two twelve months, but shall be cancelled upon request by the District after the first 90 days.

11. All notices, requests and other communications hereunder shall be (i) in writing, (ii) deemed delivered upon receipt, and (iii) made by personal delivery, or Registered or Certified Mail, postage prepaid, to the Parties at the following addresses:

A. If to District Attn: Anthea G. Hansen, General Manager Post Office Box 1596
Patterson, CA 95363

B. If to City Attn: Alex Terrazas , Interim City Manager 2220 Magnolia Street
Ceres, CA 95307

12. This MOA may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

I
N WITNESS WHEREOF, as of the Effective Date the Parties have accepted, made and executed this MOA upon the terms, conditions, and provisions stated above.

DEL PUERTO WATER DISTRICT CITY OF CERES

By:____________________________ By:____________________________ Anthea G. Hansen Alex Terrazas

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ITEM 6
CC Resolution No. 2022-43; Page 1 of 2

RESOLUTION NO. 2022-43

APPROVING A THREE-MONTH CONTRACT AGREEMENT WITH MONTHLY

THEREAFTER EXTENSION OF UP TO ONE-YEAR WITH DEL PUERTO WATER

DISTRICT FOR THE EMERGENCY USE OF RECYCLED WATER FROM THE NORTH

VALLEY REGIONAL RECYCLED WATER PROGRAM AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the California Water District that receives water from various sources, including the City of Turlock by way of that certain Water Supply Agreement between the City of Turlock and Del Puerto Water District; and,

WHEREAS, the District and the City of Turlock entered into the Turlock Contract in connection with and in furtherance of the North Valley Regional Recycled Water Program to which City of Ceres, City of Modesto and the County of Stanislaus are also signatories; and,

WHEREAS, the City of Ceres and City of Turlock have executed Agreements #1 and #2 which provide for the disposal of up to 2.0 MGD of secondary wastewater flow for further treatment at the Turlock Wastewater Treatment Plant; and,

WHEREAS, the City of Ceres currently disposes approx imately .9 MGD to the Turlock Wastewater Treatment Plant, underutilizing its existing capacity. The City of Ceres potentially has available up to an additional .9 MGD which could be sent to Turlock on an immediate basis; and,

WHEREAS, the District desires to take delivery of the additional flows resulting from the increases in disposal to the Turlock Wastewater Treatment Plant for irrigation purposes within its service area; and,

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby approve Memorandum of Agreement regarding payment of costs for the temporary incremental increase of the wastewater from the City of Ceres to the Turlock Wastewater Treatment Plant.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of May 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

ITEM 6
CC Resolution No. 2022-43; Page 2 of 2

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (209) 538-5617
SUBJECT:

Resolution No 2022-44, awarding a Custodial Services contract for the Ceres Community Center to Environment Control and
authorizing the City Manager to execute the contract
RECOMMENDED COUNCIL ACTION:

Staff recommends Council award a one-year Custodial Services contract to Environment Control in the amount not to exceed $61,875.43 annually, with the option to renew for 2 additional years.

I. BACKGROUND:

Environmental Control has held the Custodial Services contract since August 2015.

II. REASONS FOR RECOMMENDATION:

A Request for Proposal was advertised, and two responses were received. Of the two bids received, Environment Control submitted the lowest responsible bid at $5,156.29 for Schedule “A” per month for one year. A Proposal Summary is attached. They have also proved themselves competent of providing the many varied services their contract requires through their experience after acquiring the contract since 2015.

III. FISCAL IMPACTS:

Funds are appropriated annually in the approved Recreation Budget 275.55.0299.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

To ensure the community has adequate well-maintained infrastructure.

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V. POLICY ALTERNATIVES:

City Council can direct staff to reject the bids and leave the Ceres Community Center without custodial services.

VI. INTERDEPARTMENTAL COORDINATION:

There was coordination between Public Works and Recreation Departments.

VII. STEPS FOLLOWING APPROVAL:

Upon City Council approval, the City Manager will execute the contract and the Finance Director will make the appropriate accounting entries.

Approved by:_____________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Agreement

2. Resolution

3. Proposal Summary

4. Certificate of Insurance

ITEM 7

AGREEMENT
FOR

CONSTRUCTION OR SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 23rd day of May, 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Environment Control hereinafter referred to as "CONTRACTOR".

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound construction practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

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3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the scope of services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the Contract Officer.

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

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6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective July 1, 2
022 and will continue in effect
until June 30, 2023 with an option to renew for two (2) terms of one (1) year each, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. CO MMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “B” with

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Schedule “A” Amount Not to Exceed $61,875.43

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services, General Building Cleaning Services, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable. The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

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13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

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The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the scope of work provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

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CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 7

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: Environment Control
Address: 4901 Salida Blvd.

Salida, CA 95768

Attention: Jordan Langley
Phone: (209) 526-5476 ext. 105

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307

Attention: Sam Royal
Phone: (209) 538-5617

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “C”.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 7

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 7

percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement w hich vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 7

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

25. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

26. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

28. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

29. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of ITEM 7

improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

30. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

31. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of ITEM 7

California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

32. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

33. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

34. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2022 Dated , 2022
CITY OF CERES, a municipal corporation ENVIRONMENT CONTROL By By
Alex Terrazas, Interim City Manager Signature

Jordan Langley, General Manager

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Tom Hallinan, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Annabelle Aguilar, Interim City Clerk

ITEM 7

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).

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4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 7

prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 7

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ITEM 7
Scope of Services, General Building Cleaning Services

1. Daily: Schedule “A”

1.1. Interior Trash & Recyclables - Empty trash receptacles and replace liners daily, only replace liners if soiled or wet. Rinse out trash cans as needed.

Exterior Trash – Empty trash receptacles and replace liners daily. Remove any trash from City parking lot (see map). Rinse out as needed.

1.1.1. All trash bags collected shall be transported in an approved rolling receptacle that will contain potential fluid spills from the bags. Bags are not to be drug across floor surfaces, nor shall they be stacked in piles awaiting pick up. All collected trash must be immediately removed from the building and placed in the appropriate dumpsters outside.

1.1.2. The contents of the blue recycle containers are to be collected, bagged, and placed in the appropriate recycle dumpster outside.

1.2. Restrooms - Fill and clean all soap, paper and sanitary dispensers. Empty clean and disinfect all waste receptacles, insert new liners. Empty sanitary napkin disposal containers, insert new liners.

Clean and disinfect all wash basins, partitions, counters, and fixtures with a non-abrasive cleaner.

Clean all mirrors, chrome, and stainless steel and polish to a shine. Wash and disinfect all toilets and urinals, removing stains and cleaning under rims and around flush holes. Clean and disinfect toilet seats, fixtures and all outside surfaces of urinals and toilets. Sweep and damp mop floors, corners, and edges with disinfectant detergent solution, changing mop water between each restroom throughout the building. Restroom shall remain odor free at all times.

1.3. Fabric Wall Panels – Special attention needs to be taken when cleaning wall panels. The panels are to be inspected daily and cleaned of any spots or stains.

1.4. Tri-Fold Towels - There are several tri-fold towel dispensers located throughout the building, these must be kept full at all times.

1.5. Hard Flooring Surfaces – Using a damp cloth, clean surfaces as needed. Special care shall be taken when working on Terrazzo flooring and the City Emblem at the entrance to the building and stairs.

1.6. Dust & Wipe Clean – Using a damp or treated cloth, clean: walls, partitions, counters, cabinets, desks, and tables.

1.7. Kitchen Area – The kitchen area is equipped with various Stainless Steel, commercial grade cooking and food preparation equipment, including stove & grill; ovens; convection oven; sinks; dishwasher; counters; drain boards; walk in refer; freezer, and counters. All kitchen equipment shall be cleaned and sanitized as they are used for events. All surfaces are to be kept free of dirt, dust, mildew, food residue, and fingerprints. Particular attention must be made to the legs and equipment stands that make contact with the floor. These must be cleaned daily and kept free of mop stains. Porcelain floor drain sinks must be clean and kept free of food and debris. 1.8. Glass Windows – All glass windows that are on the inside of the building that are located in the main lobby, conference rooms, meeting rooms, event rooms shall be cleaned, both sides including ledges and frames, daily and kept free of fingerprints and smudges.

1.10 Furniture – Inspect and spot clean all seating area chairs throughout the entire building.

1.11 Recreational Fitness Room - Hardwood floor to be cleaned daily per manufacturer’s instruction. Hand railings to be cleaned with non-abrasive germicidal disinfectant. Remove smudges and fingerprints from wall mirrors.

1.12 Carpet Flooring – Schedule “A” Daily, Schedule “B” Weekly Vacuum all carpets with a commercial grade vacuum, utilizing a HEPA filtration system. The entire carpeted area shall be vacuumed, including under chairs, tables, and around furniture legs and other easily moved items.

EXHIBIT A
ITEM 7
Return items to their original locations. Vacuum hard to reach areas, such as behind desks and furniture as needed.

2. Weekly: Schedule “A”, Monthly Schedule “B”

2.1. Power Wash Front Entrance, Sidewalks & Dumpster Enclosure Areas – Power wash front entrance of the community center, which include entrances, surrounding sidewalks, and trash dumpster enclosure area.

3. Monthly – Schedule “A”, Quarterly – Schedule “B”

3.1. Dust all ceilings, fans, window ledges, tops of fixtures and appliances, clean cobwebs through the entire building.

3.2. Clean and polish all doors, baseboards, and windowsills.

4. Quarterly – Schedule “A”, Semi Annual Schedule “B”

4.1. Window Coverings – on a semi-annual basis, all window coverings shall be cleaned.

4.2. HVAC registers - Clean registers and diffuser vent covers.

4.3. Specialized Glass – in the main lobby and on the exterior walls of the building, specialized decorative glass has been placed, fully wash and clean.

4.4. Carpeted Floors – Shall be thoroughly cleaned and extracted.

4.5. Banquet Chairs – Deep clean all fabric banquet chairs (570-600 chairs)

5. Bi-Annual - Schedule “A”, Annual Schedule “B”

5.1. All Chairs and Benches - Deep clean all event chairs, and all seating cloth chairs and benches throughout building.

5.2. Recreational Fitness Room – Strip and wax wood floor.

6. Ad
ditional Services

6.1. Porter Service hourly charge (minimum 2 hours) – Cost per hour for onsite custodial staff during Community Center events.

6.2. Extra Cleaning Fee – If any additional cleaning is needed in the large or small assemble after a rental, quote cost per hour for cleaning. Bill must be sent within 72 hours as fees will need to be deducted from the Renter’s deposit. If the City has not received notification of any additional fees within that time, then it will assume there are none and proceed with the refund process.

EXHIBIT A
ITEM 7
Proposal for Janitorial Services 2022 Ceres Community Center April 2022
As per RFP for bid date 4/19/22
Addendums received.
• Schedule A Annual Pricing: $61,875.43
• Schedule B Annual Pricing: $58,618.29
Additional Requested Services
• 6.1 Porter Service Hourly Charge: $44.00
• 6.2 Extra Cleaning Fee Hourly: $44.00
1 EXHIBIT B
ITEM 7
ITEM 7

RESOLUTION NO. 2022 - 44

AWARDING A CUSTODIAL SERVICES CONTRACT FOR THE CERES

COMMUNITY CENTER TO ENVIRONMENT CONTROL AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, two proposals for custodial services were received; and,

WHEREAS, Environment Control has held the Custodial Services contract since August 2015 and have proved themselves competent of providing the many services the contract requires; and,

WHEREAS, of the two bids recei ved, Environment Control submitted the lowest responsive and responsible bid at $5,156.29 monthly; and,

NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Ceres does hereby award a Custodial Services Contract to Environment Control in the amount of $ 61,875.43 for one year with the option to ren ew for two additional years and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of May, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

______________________
Javier Lopez, Mayor

ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk

ITEM 7
ITEM 7

City of Ceres

PROPOSAL SUMMARY

JOB BID: Custodial Services for Ceres Community Center BID DATE: April 19, 2022 , 3:00 p.m. – Public Works Office

BIDS RECEIVED:

COMPANY BID TOTAL
Monthly Price
Vanguard Cleaning Systems of
Sacramento
91 D’Arcy Parkway
Lathrop, CA 95330

Schedule “A” $7,642.00
Schedule “B” $5,984.00
Porter Service Charge $35/hour
Monday Cleaning $250.00
Extra Cleaning Fee $200.00

Environment Control
4901 Salida Boulevard
Salida, CA 95768
Schedule “A” $5,156.29
Schedule “B” $4,884.86
Porter Service Charge $44.00/hour
Extra Cleaning Fee $44.00/hour

ITEM 7
ITEM 7

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
B
2,000,000
GL3118620
150,000
SEA-003533497-08
1,000,000
03/01/2023
5,000,000
X
28932
5,000,000
Limit Occ/Agg
GL3118620
Attn: [email protected]
Y
X
Contractual Liability
03/01/2022
7 03/01/2022
03/01/2023
Crime Third Party
A
4,000,000
2,000,000
22292
Markel American Insurance Co.
1,000,000
C
X
02/23/2022
50,000
03/01/2022
50,000
Re: Job #535 Service address: 2701 4th Street, Ceres, CA 95307.

City of Ceres is included as additional insured where required by written contract with respect to general liability.

Named Insured
X
Vol Prop Damage
2720 Magnolia Street
Ceres, CA 95307
City of Ceres
A
10,000
03/01/2022
X
A
Hanover Insurance Company
CN101848208-290-GAWUC-22-23
Limit
25,000
03/01/2023
MKLM6MM70000451
Lost Key Coverage
4,000,000
19445
1,000,000
1,000,000
03/01/2023
WC013588025
1301 5th Avenue, Suite 1900
Marsh USA, Inc.

X
Seattle, WA 98101
Attn: David Langley - [email protected]
Environment Control of Modesto #290
Salida, CA 95368
4901 Salida Blvd, Suite A
X
X
BDC1072037
Jackie Hamrick
X
03/01/2022
03/01/2023
National Union Fire Insurance Co
6 ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2022-45, Awarding a Service Agreement Contract for Upgrading Existing SCADA System Panels at Various Sewer Lift Stations to Access Industrial Automation, Authorizing a 10% Contingency and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to authorize the City Manager to execute a service agreement contract to Access Industrial Automation for upgrading existing SCADA system panels for eight (8) Sewer Lift Station in City of Ceres in the amount of $204,208.52 and 10% contingency in the amount of $20,420.00.

I. BACKGROUND:

The Supervisory Control and Data Acquisition (SCADA) system is a powerful control system designed to collect, analyze, and visualize data from the sanitary sewer equipment. It is a combination of hardware and software enabling the capture of data within, and automation of, industrial processes. The SCADA allows the City to control and maintain efficiency, distribute data for smarter decisions, and communicate system issues to mitigate downtime within the sewer collection system.

The current SCADA system is running on an outdated operating system with no backup or means of repair in the event of failure. Failures of the systems may result in sanitary sewer overflows that will only be reported by our residents rather than an immediate and early response from staff via the SCADA alarm and call out system, thus putting the City at risk of regulatory non- compliance violations. The system upgrade is required to improve the essential operation and reliability of the sewer lift stations and is an integral component to the proper operation of the sewer collection system.

II. REASON FOR RECOMMENDATION:

ITEM 8
ITEM 8

There are no local companies that can make any changes to the current program either at the lift stations or to the main SCADA system. Staff requested quotes from four (4) known and reliable automation groups and only received a response from two companies. Both quotes are attached.

Of the two (2) quotes received, Access Industrial Automation based in Ceres provided the lowest bid in the amount of $2 04,208.52. A ten percent contingency of $20, 420.00 brings the project total cost to $224,628.52. See attached proposal.

III. FISCAL IMPACTS:

Sewer Lift Station SCADA Panel upgrades were included in 2021-2022 CIP budget for all eight (8) sites for the total amount of $224,628.52 in the following account number 567-95.2009.00 IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Provide quality services to meet community needs, assuring that the City is sufficiently staffed, trained and equipped overall.

V. POLICY ALTERNATIVES:

The alternative is not purchase and install the Sewer Lift Station SCADA Panels and risk critical failures of the sewer lift stations that may include regulatory non-compliance issues.

IX. STEPS FOLLOWING APPROVAL:

The City Manager to execute the contract and the Finance Director to make the appropriate accounting entries.

Approved by:______________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution 2022-45

2. Service Agreement Contract

3. Quote Summary
ITEM 8
ITEM 8
RESOLUTION NO. 2022-45

RESOLUTION AWARDING A SERVICE AGREEMENT CONTRACT FOR UPGRADING

EXISTING SCADA PANELS AT VARIOUS SEWER LIFT STATIONS TO ACCESS INDUSTRIAL AUTOMATION, AUTHORIZING A 10% CONTINGENCY AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, two quotes for upgrading existing SCADA panels at various sewer lift stations were received; and,

WHEREAS, the lowest responsive and responsible proposal for upgrading existing SCADA panels at various sewer lift stations was received from Access Industrial Automation, for an amount of $204,208.52; and,

WHEREAS, a project contingency in the amount of 10% is necessary and appropriate to accommodates any unforeseen costs bringing the total cost to $224,628.52; and,

WHEREAS, the upgrades to the SCADA System was approved in the FY 2021/22 Capital Improvement Program CIP in the account 567. 95.2009 for the amount of $224,208.52: and,

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that the upgrade of existing SCADA system panels at various sewer lift stations is awarded to Access Industrial Automation in the amount $204,208.52 and 10% contingency in the amount of $20,420.00 and authorize the City Manager to execute the service agreement contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of May 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Annabelle Aguilar, Interim City Clerk
ITEM 8
ITEM 8
ITEM 8

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of C
alifornia, this 23rd day of May 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Access Industrial Automation hereinafter referred to as "CONTRACTOR".

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound construction practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound construction practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

ITEM 8
ITEM 8

7. TERM OF AGREEMENT
This Agreement shall be effective May 23, 2022
and will continue in effect
until November 30, 2022 unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEMENT OF WO RK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “A” in the amount $204,208.52 with a ten percent Contingency in the amount of $20,420.00 for an amount Not to Exceed $224,628.52.

ITEM 8
ITEM 8

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

ITEM 8
ITEM 8

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

ITEM 8
ITEM 8

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any
entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: Access Industrial Automation
Address: 1990 Foundry Court
Ceres, CA 95307
Attention: Stephen Kirk
Phone: (209)595-4167

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5617

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “B”.

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 8
ITEM 8

24. E NTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 8
ITEM 8

28. CONTRACT BONDS
CONTRACTOR shall provide in accordance with Sections 3247 and 3248 of the California Civil Code a payment bond for not less than 100% of the contract price.

CONTRACTOR shall also provide a faithful performance bond for not less than 100% of the contract price. All bonds must be executed by a corporate surety licensed to conduct business in the State of California, and approved by the CITY.

ITEM 8
ITEM 8

29. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

30. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the ITEM 8
ITEM 8

California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

32. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

33. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

34. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

35. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

ITEM 8
ITEM 8

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2 022 Dated , 2022

CITY OF CERES, a municipal corporation ACCESS INDUSTRIAL

AUTOMATION

By By
Alex Terrazas, Interim City Manager Signature

Typed name/title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Tom Hallinan, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Annabelle Aguilar, Interim City Clerk
ITEM 8
ITEM 8

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

ITEM 8
ITEM 8

4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 8
ITEM 8

prior written notice by certified mail, return receipt requested, has been given to the entity.

Waiver of Subrogation

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

Acceptability of Insurers

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

ITEM 8
ITEM 8

Page 1 of 5 ends

Access Industrial Automation Date: 4/12/2022
1990 Foundry CT
Ceres, CA 95307
Tel: (209) 595-4167
Fax: (209) 343-3981

SCOPE OF WORK
Automation
This Scope of Work shall become a part of and shall be included in contract document as written.

Any changes must be noted in writing on this document and initialed by both parties.

PROJECT: Panel Build ESTIMATE #: AIA-22-136 -
ATTENTION: Matthew Williams PO:

COMPANY City of Ceres CONTACT # 209.538.3269
BID DATE: 2/29/2022 Email Address

INCLUDED EXCLUDED YES NO

PERMITS TAX INCLUDED

FEES INSTALLED
UTILITY CHARGES AS PER PLANS & SPEC’S

PACIFIC BELL CHARGES FREIGHT ALLOWED

CONCRETE WORK METAL FABRICATION

OVERTIME

TEMPORARY POWER

ENGINEERING
INCLUDES: Summary:

Access Industrial Automation will provide (8) panels for City of Ceres. All panel are to be used to control a lift station. This quotation is based on a job walk existing prints and email correspondence. City of Ceres will provide some of the materials. Provided in this estimate is a both parts, labor, and a new set of prints for each panel. Details of what is being provided are listed below.

Engineering:

Lift Station Panel Design:

1. PLC Programming.
a. Test panels functionality.
b. IO check

2. HMI
a. Test connection

3. Panel design

3.1. Full set of prints for each panel

3.2. BOM

3.3. All wires labeled

3.4. UL508a
Hardware:

The following hardware is being provided.

Morgan Road 230VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

4. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

5. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

6. (1) Twin thermostat 32-140F AC or DC, FZL 541

7. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

8. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

9. (1) FHSS 900Mhz Ethernet Modem, WI-MOD-9-E

EXHIBIT A
ITEM 8
ITEM 8

Page 2 of 5 ends

10. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

11. (2) SquareD molded case circuit braker 600V 100A

12. (2) SquareD molded case circuit braker 600V 50A

13. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

14. (3) Cat-5e Panel-Mount Extension, 6 Ft

15. (1) Bussed Ground Bar

16. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

17. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

18. (6) Miniature Circuit Breaker, Current-Limiting, 5A,

19. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

20. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

21. (2) AB selector switch

22. (1) Crouse-Hindes receptacle with offset and socket

23. (1) Meter socket base 200A, 7 jaw, 600VAC
West Point 230VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

1. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

2. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

3. (1) Twin thermostat 32-140F AC or DC, FZL 541

4. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

5. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

6. (1) FHSS 900Mhz Ethernet Modem, WI-MOD-9-E

7. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

8. (2) SquareD molded case circuit braker 600V 100A

9. (2) SquareD molded case circuit braker 600V 50A

10. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

11. (3) Cat-5e Panel-Mount Extension, 6 Ft

12. (1) Bussed Ground Bar

13. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

14. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

15. (4) Miniature Circuit Breaker, Current-Limiting, 5A,

16. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

17. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

18. (2) AB selector switch

19. (1) Crouse-Hindes receptacle with offset and socket

20. (1) Meter socket base 200A, 7 jaw, 600VAC
Industrial 480VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

1. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

2. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

3. (1) Twin thermostat 32-140F AC or DC, FZL 541

4. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

5. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

6. (1) FHSS 900Mhz Ethernet Modem, WI-MOD-9-E

7. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

8. (1) 3 Phase Multifunction Control Relay RM17-TE - Range 183..528 VAC

9. (2) SquareD molded case circuit braker 600V 100A

10. (2) SquareD molded case circuit braker 600V 50A

11. (2) SquareD Motor starter, NEMA size 2

12. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

13. (3) Cat-5e Panel-Mount Extension, 6 Ft

14. (1) Bussed Ground Bar

15. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

16. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

17. (1) Modular Fuse Holder, Accepts Class CC Fuses, 30A, 600V, 3-Pole, 18-4 AWG

18. (1) Hammond control transformer 500VA 480-120VAC

19. (4) Miniature Circuit Breaker, Current-Limiting, 5A,

20. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

21. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

22. (2) AB selector switch

23. (1) Crouse-Hindes receptacle with offset and socket

24. (1) Meter socket base 200A, 7 jaw, 600VAC
River Ranch 230VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

1. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

2. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

EXHIBIT A
ITEM 8
ITEM 8

Page 3 of 5 ends

3. (1) Twin thermostat 32-140F AC or DC, FZL 541

4. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

5. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

6. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

7. (2) SquareD molded case circuit braker 600V 100A

8. (2) SquareD molded case circuit braker 600V 50A

9. (2) SquareD Motor starter, NEMA size 2

10. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

11. (3) Cat-5e Panel-Mount Extension, 6 Ft

12. (1) Bussed Ground Bar

13. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

14. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

15. (4) Miniature Circuit Breaker, Current-Limiting, 5A,

16. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

17. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

18. (2) AB selector switch

19. (1) Crouse-Hindes receptacle with offset and socket

20. (1) Meter socket base 200A, 7 jaw, 600VAC
Walgreens 230VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

1. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

2. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

3. (1) Twin thermostat 32-140F AC or DC, FZL 541

4. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

5. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

6. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

7. (2) SquareD molded case circuit braker 600V 100A

8. (2) SquareD molded case circuit braker 600V 50A

9. (2) SquareD Motor starter, NEMA size 2

10. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

11. (3) Cat-5e Panel-Mount Extension, 6 Ft

12. (1) Bussed Ground Bar

13. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

14. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

15. (4) Miniature Circuit Breaker, Current-Limiting, 5A,

16. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

17. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

18. (2) AB selector switch

19. (1) Crouse-Hindes receptacle with offset and socket

20. (1) Meter socket base 200A, 7 jaw, 600VAC
Hatch-Mitchelle 230VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

1. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

2. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

3. (1) Twin thermostat 32-140F AC or DC, FZL 541

4. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

5. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

6. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

7. (2) SquareD molded case circuit braker 600V 100A

8. (2) SquareD molded case circuit braker 600V 50A

9. (2) SquareD Motor starter, NEMA size 2

10. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

11. (3) Cat-5e Panel-Mount Extension, 6 Ft

12. (1) Bussed Ground Bar

13. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

14. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

15. (4) Miniature Circuit Breaker, Current-Limiting, 5A,

16. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

17. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

18. (2) AB selector switch

19. (1) Crouse-Hindes receptacle with offset and socket

20. (1) Meter socket base 200A, 7 jaw, 600VAC
Barbour 480VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

1. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

2. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

EXHIBIT A
ITEM 8
ITEM 8

Page 4 of 5 ends

3. (1) Twin thermostat 32-140F AC or DC, FZL 541

4. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

5. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

6. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

7. (2) SquareD molded case circuit braker 600V 100A

8. (2) SquareD molded case circuit braker 600V 50A

9. (2) SquareD Motor starter, NEMA size 2

10. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

11. (3) Cat-5e Panel-Mount Extension, 6 Ft

12. (1) Bussed Ground Bar

13. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

14. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

15. (1) Hammond control transformer 500VA 480-120VAC

16. (4) Miniature Circuit Breaker, Current-Limiting, 5A,

17. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

18. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

19. (2) AB selector switch

20. (1) Crouse-Hindes receptacle with offset and socket

21. (1) Meter socket base 200A, 7 jaw, 600VAC
Service 230VAC panel
(1) Main Panel: free standing grey powder coated steel dual door (front and back) NEMA 3R 48H x 24W x 24H panel, with internal swing panel.

1. (1) Painted steel 3R Fan Hood, PF-RH-40000-LG

2. (1) 115VAC LL Grey, 4th Generation Filterfans - Ty 12, PF4300

3. (1) Twin thermostat 32-140F AC or DC, FZL 541

4. (1) Edwards Warning Light, LED, 120V AC, Flashes per Minute 65, 3 7/8 in Height

5. (1) Radiant Heater 75W, 110-250 VAC, FLH 075W

6. (4) Circuit Breaker, 20A, 120VAC, 1 Pole, 10kA

7. (2) SquareD molded case circuit braker 600V 100A

8. (2) SquareD molded case circuit braker 600V 50A

9. (2) SquareD Motor starter, NEMA size 2

10. (2) MinCAS Pump Monitor Relay, Motor Over Temperature and Seal Leakage Alarms

11. (3) Cat-5e Panel-Mount Extension, 6 Ft

12. (1) Bussed Ground Bar

13. (1) Stego LED enclosure light, on/off switch, 5W, 100-240 VAC

14. (1) Panel Mount Barrier Terminal Block, 200 A, 600 V, 5 Pole, 1, Screw, 000 AWG

15. (4) Miniature Circuit Breaker, Current-Limiting, 5A,

16. (7) Miniature Circuit Breaker, Current-Limiting, 2A,

17. (2) Miniature Circuit Breaker, Current-Limiting, 1A,

18. (2) AB selector switch

19. (1) Crouse-Hindes receptacle with offset and socket

20. (1) Meter socket base 200A, 7 jaw, 600VAC
Installation:

Antenna Installation (Ray’s Radio) Installation per City of Ceres Drawings

1. (8) different locations Rays Radio installation of radio tower a. Yagi Antennas
b. Coax Cable
c. RF Connectors
d. RF Jumpers
e. Stainless Unistrut
f. Concrete
g. Custom pipe threading
h. Bobcat Rental w/auger and trailer
i. Installation labor
Panel Installation 8 Different locations

1. Mounting

2. Mounting Pulsar controller/sensor

3. Electrical connections

4. Commissioning
EXCLUDES: The pressure level transducers are already installed in the lift station. PLC/HMI programming (except to test)
CLARIFICATIONS: The success of this project will rely on key personnel to be available.

EXHIBIT A
ITEM 8
ITEM 8

Page 5 of 5 ends

TERMS: A 50% deposit is required before we begin . This project is expected to be com pleted 4-8 weeks after receipt of purchase order. A firm schedule will be developed upon order acceptan ce. Progressive payment will be bi ll monthly up to 90%. The final balance will be due on completion. This proposal is valid for 30 days. Additional work or changes ordered by owner or made necessary because of condit ions unknown at the time estimate was m ade, will become an extra charge. All agreements must be made in writing. All contracts are contingent on approval of credit.

CONTRACT TERMS
ACCESS INDUSTRIAL AUTOMATION hereby accepts the terms of the attached contract subject to Contractor/Owner's agreement with the terms set forth in this Addendum which shall supersede any conflicting terms in any other contract documen t. Any of the Contractor/Owner 's terms or c onditions in addition or different from this standard addendum are objected to and shall hav e no effect. Contractor/Owner's agreement herewith shall be evidenced by Contractor/Owner's signature hereon or by permitting ACCESS INDUSTRIAL AUTOMATION to commence work for the project.

1. ACCESS INDUSTRIAL AUTOMATION shall be paid monthly progress pay ments on or before the 15th of eac h month for the value of work completed plus the amount of materials and equipment suit ably stored on or off site. Fina l payment shall be due 30 days after the work described in the P roposal is substantially completed. No provision of this agreement shall serve to void the ACCESS ELECTRIC's entitlement to payment for properly performed work or suitably stored materials or to require the ACCESS INDUSTRIAL AUTOMATION to continue performance if timely payments are not made to ACCESS INDUSTRIAL AUTOMATION for suitably performed work or stored materials or to void ACCESS ELECTRIC's right to file a lien or claim on its behalf in the event that any payment to ACCESS INDUSTRIAL AUTOMATION is not timely made.

2. The Contractor will withhold no mo re retention from ACCESS INDUSTRIAL AUTOMATION than being withheld by the Owner from the Owner with respect to ACCESS ELECTRIC's work.

3. All sums not paid when due shall bear an interest rate of 1.5% p er month or the maximum legal rate permitted by law whichever is less; and all costs of collection, including a reasonable attorney's fee, shall be paid by the Contractor/Owner.

4. No backcharges or claim of the Contractor/Owner for services shall be valid except by an agreement in writing by ACCESS INDUSTRIAL AUTOMATION before the work is executed, except in the case of ACCESS ELECTRIC's failure to meet any req uirement of the Subcontract Agreement. In such event, the Contractor/Owner shall notify the ACCESS INDUSTRIAL AUTOMATION of such defau lt, in w riting, and allow ACCESS IN DUSTRIAL AUTOMATION reasonable time to correct any deficiency before incurring any cost chargeable to ACCESS ELECTRIC.

5. Contractor/Owner is to prepare all work areas so as to be ac ceptable for ACCESS INDUSTRIAL AUTOMATION work under the subcontract. ACCESS INDUSTRIAL AUTOMATION will not be called upon to start work until sufficient areas are ready to insure continued wo rk. The Con tractor/Owner shall furnish all temporary site facili ties including suitable storage space, hoisting temporary electrical and water at no cost to ACCESS INDUSTRIAL AUTOMATION unless included in the ACCESS ELECTRICs Scope of Work above.

6. ACCESS INDUSTRIAL AUTOMATION shall be given a reasonable time in whic h to make delivery of materials and/or labor to commence and complete the performance of the contract. ACCESS INDUSTRIAL AUTOMATION shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, includ ing but not limited to: delays caused b y the o wner, g eneral Contractor, a rchitect and/or engineers, delays in transportation, shortage of raw materials, civil d isorders, labor difficulties, ve ndor alloca tions, fires, floods, accidents and acts of God. ACCESS INDUSTRIAL AUTOMATION shall be entitled to equitable adjustment in the subcontract amount for additional costs due to unantici pated project delays or accelerations caused by others whose ac ts are not ACCESS ELECTRIC's responsibility and to time extensio ns for unavoidable delays. The Contractor/Owner shall make no demand for liquidated damages for delays in excess of the amount sp ecified in the subcontract agre ement and no liquidated damages may be asse ssed a gainst ACCESS INDUSTRIAL AUTOMATION for more th an the amount paid by the Contractor/Ow ner for unexcused delays to the extent actually caused by ACCESS ELECTRIC.

7. ACCESS ELECTRIC's equipm ent and work are g uaranteed for a period of one ye ar from the date of substantial completion or use by the Contrac tor customer or owner, whichever is ear lier. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY O R FITNESS FOR A PARTICULAR PURPO SE. The exc lusive remedy shall be that ACCESS INDUSTRIAL AUTOMATION shall replace or repair any part of its work which is found to be defective. ACCESS INDUSTRIAL AUTOMATION shall not be responsible for damage or defect caus ed by abuse, modifications not e xecuted by ACCESS ELECTRIC, improper or insufficient maintenance , improper operation or normal wear, tear and usage.

8. Work called for herein is to be performed during ACCESS ELECTRIC's regular working hours. All work perf ormed outside of such hours shal l be charged for at a rate or amounts agreed upon by the parties at the time overtime is authorized.

9. Contractor/Owner shall purchase and maintain all risk insurance upon full value of the entire work and/or materials del ivered to the jobsite, which sha ll include the interest of ACCESS ELECTRIC.

10. The ACCESS INDUSTRIAL AUTOMATION shall indemnify and h old harmless the Contractor, Owner , Architect or others from damages only to the extent such damages were caused by any n egligent act or omission of the ACCESS INDUSTRIAL AUTOMATION or anyone for whose acts the ACCESS INDUSTRIAL AUTOMATION is liable.

Additional work or changes ordered by owner or made necessary because of conditions unknown at the time estimate was made, wi ll become an extra charge. All agreements must be made in writing. All contracts are contingent on approval of credit Access Industrial Automation Customer
By: By:

Title: Title:

Date: Date:

ADDENDUM NOTED DATE ENGINEERING $5,931.20
MATERIALS/SOFTWARE $103,944.50
LABOR $46,992.00
RADIO INSTALLATION $47,340.82
TOTAL $204,208.52
ESTIMATOR: Stephen Kirk

EXHIBIT A
ITEM 8
ITEM 8
ITEM 8

City of Ceres

QUOTE SUMMARY

JOB: SCADA Lift Station Panel Upgrades
DATE: April 19, 2022

BIDS RECEIVED:

COMPANY BID TOTAL

Automation Group
Quote Q-COC0017
March 24, 2022

$219,775 less options, tax, freight

Access Industrial Automation
Quote AIA-22-136
April 12, 2022

$204,208.52

ITEM 8
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Sam Royal, Interim Public Works Director
[email protected], (209) 538-5617
SUBJECT:

Resolution No. 2022 -46, Awarding the Construction Contract for Morrow Village Phase 1 - CDBG Sidewalk Improvements to George Reed Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract.

RECOMMENDED COUNCIL ACTION:

Staff recommends the awarding of the Contract for the Morrow Village Phase 1- CDBG Sidewalk Improvements in the amount of $312,632.10, authorizing a 10% contingency of $31,264.00, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

The City of Ceres received funding through the Community Development Block Grant (CDBG) to provide public infrastructure for a suitable living environment. We will use funding to design and construct the Morrow Village Phase 1 – CDBG Sidewalk I mprovements Project. The project consists of installing ADA compliant pedestrian sidewalk, driveway ramps, corner ramps, and curb/gutter on Garrison Rd from Moffett Rd to Rose Avenue.

II. REASONS FOR RECOMMENDATION:

Proposals for the construction were due on May 10th, 2022. Of the three (3) bids received, George Reed Inc. submitted the lowest responsive and responsible bid in the amount of $312,632.10. A ten percent contingency of $31,264.00 brings the project construction total to $343,896.10. A memo with the detailed comparison of the bid results is attached.

ITEM 9
III. FISCAL IMPACTS:

The project was included and programmed in the Fiscal Year 2021/22 Capital Improvement Program (CIP) list for a total amount of $470,000.00 in Account Number 291.95.800500.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the bids and re- bid the project; or reject the bids and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. P UBLIC PARTICIPATION:

There were no committees or public participation involved in this project.

VIII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract with the contractor, conduct a preconstruction conference and issue the Notice to Proceed.

Approved by: ___________________________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Bid Results

ITEM 9
RESOLUTION NO. 2022-46

RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR
THE MORROW VILLAGE PHASE 1- CDBG SIDEWALK
IMPROVEMENTS TO GEORGE REED INC. , AUTHORIZING A 10%

CONTINGENCY, AND AUTHORIZ ING THE CITY MANAGER TO
EXECUTE THE CONTRACT.

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the construction contract for the Morrow Village Phase 1- CDBG Sidewalk Improvements were due on May 10th, 2022; and,

WHEREAS, the lowest responsive and responsible bid for said Morrow Village Phase 1- CDBG Sidewalk Improvements was received from GEORGE REED INC. , for an amount of $312,632.10; and,

WHEREAS, a construction contingency in the amount of 10% or $31,264.00 is necessary and appropriate to accommodate any unforeseen costs bringing the total construction authorization to $343,896.10; and,

WHEREAS, the Morrow Village Phase 1- CDBG Sidewalk Improvements was programmed in the FY 20 21/22 Capital Improvement Program CIP list in account number 291.95.800500 in the amount of $470,000.00; and,

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ceres that the Morrow Village Phase 1- CDBG Sidewalk Improvements is awarded to George Reed Inc., in the amount of $312,632.10 and a 10% contingency in the a mount of $31,264.00 and authorize the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of May, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Annabelle Aguilar, Interim City Clerk
ITEM 9
ITEM 9
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization LS 1 $10,000.00 $10,000.00 $11,250.00 $11,250.00 $16,000.00 $16,000.00 $10,000.00 $10,000.00 2 Public Conenience & Safety LS 1 $10,000.00 $10,000.00 $34,000.00 $34,000.00 $30,000.00 $30,000.00 $18,200.00 $18,200.00 3 Water Pollution Control LS 1 $7,000.00 $7,000.00 $2,800.00 $2,800.00 $3,900.00 $3,900.00 $7,250.00 $7,250.00 4 Clearing and Grubbing LS 1 $25,000.00 $25,000.00 $8,000.00 $8,000.00 $16,000.00 $16,000.00 $24,100.00 $24,100.00 5 Remove Sidewalk, Driveway, & Curb Concrete SF 3,574 $6.00 $21,444.00 $5.00 $17,870.00 $12.00 $42,888.00 $7.39 $26,411.86 6 Remove Asphalt Pavement SF 444 $6.00 $2,664.00 $4.00 $1,776.00 $7.00 $3,108.00 $19.50 $8,658.00 7 Remove Curb & Gutter LF 444 $6.00 $2,664.00 $8.20 $3,640.80 $21.00 $9,324.00 $19.50 $8,658.00 8 Earthwork and Grading LS 1 $30,000.00 $30,000.00 $23,000.00 $23,000.00 $16,000.00 $16,000.00 $54,845.00 $54,845.00 9 Restoration LS 1 $30,000.00 $30,000.00 $35,000.00 $35,000.00 $38,040.00 $38,040.00 $58,800.00 $58,800.00 10 HMA Pavement (Type A) TN 11 $200.00 $2,200.00 $728.00 $8,008.00 $706.00 $7,766.00 $707.28 $7,780.08 11 Aggregate Base (Class 2) TN 16 $75.00 $1,200.00 $245.00 $3,920.00 $80.00 $1,280.00 $351.25 $5,620.00 12 Concrete Patching LS 1 $2,000.00 $2,000.00 $7,500.00 $7,500.00 $5,700.00 $5,700.00 $5,500.00 $5,500.00 13 Minor Concrete (Drive Over Curb & Gutter) LF 444 $60.00 $26,640.00 $68.00 $30,192.00 $75.00 $33,300.00 $88.75 $39,405.00 14 Minor Concrete (4" Thick Sidewalk) SF 3,415 $15.00 $51,225.00 $13.00 $44,395.00 $9.00 $30,735.00 $16.00 $54,640.00 15 Minor Concrete (6" Thick Driveway) SF 3,094 $20.00 $61,880.00 $19.00 $58,786.00 $10.00 $30,940.00 $18.40 $56,929.60 16 4"-6" Retaining Curb LF 77 $15.00 $1,155.00 $60.00 $4,620.00 $45.00 $3,465.00 $110.40 $8,500.80 17 8"-12" Retaining Curb LF 210 $20.00 $4,200.00 $32.00 $6,720.00 $50.00 $10,500.00 $116.20 $24,402.00 18 Tapered Retaining Curb LF 87 $20.00 $1,740.00 $8.90 $774.30 $40.00 $3,480.00 $110.00 $9,570.00 19 Modify ADA Curb Ramp EA 1 $3,000.00 $3,000.00 $1,680.00 $1,680.00 $1,200.00 $1,200.00 $7,300.00 $7,300.00 20 Tree Removal EA 3 $1,000.00 $3,000.00 $900.00 $2,700.00 $2,350.00 $7,050.00 $2,133.34 $6,400.02 21 Tree Installation EA 3 $5,000.00 $15,000.00 $2,000.00 $6,000.00 $3,200.00 $9,600.00 $2,033.34 $6,100.02 $312,012.00 $312,632.10 $320,276.00 $449,070.38

BID TABULATION SHEET
FBD Vanguard Construction
Inc.

Modesto, CA Livermore, CA
Engineer's Estimate George Reed Inc.
(P19-019)
United Pavement
Maintenance
Hughson, CA
TOTAL BID:

SUB-CONTRACTORS:

BID DUE: MAY 10, 2021 at 2:00 PM
MORROW VILLAGE PHASE 1 - CDBG SIDEWALK IMPROVEMENTS
All Comm. Fence, Cole Concrete,
Northstar Eng, Verux
DeKay Demo & Clearing, All
Commercial FencePlatinum Pipeline
1 of 2
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], (209) 538-5725
SUBJECT:

Resolution No. 2022 -47, approving the use of ARPA funds to purchase lockers to upgrade the Police Department duty gear storage room and authorizing staff to move forward with the purchase.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the use of ARPA funds to purchase lockers to upgrade the Police Department duty gear storage room.

I. BACKGROUND:

On April 11, 2022, the City Council approved a mid- year budget amendment which included the approval of the use of ARPA funds for various projects at the Police Department. One of those projects is to upgrade the duty gear storage room in the basement of the Police Department.

The storage room is currently equipped with the original racking that was installed when the building was constructed in 198 8. Through constant use over the past 34 years, this racking system has deteriorated to the point that its usefulness has expired.

II. REASONS FOR RECOMMENDATION:

In order to provide appropriate facilities for the storage of Officers’ duty gear, staff would like to replace the existing racking with state-of-art lockers where gear can be stored safely and securely.

Each locker will have a combination locking system to ensure that only that Officer or a member of the Command Staff will have access to the equipment.

In addition to Council’s approval of this project at the April 11, 2022 meeting a specific resolution authorizing the expenditure is required.

ITEM 10
III. FISCAL IMPACTS:

None. The cost to purchase 22 three -tiered units, resulting in a total of 66 lockers, has been quoted to us by Camargo’s Locker Magic (Parent Company: Lyon Lockers) for a total of $34,628.72. Council approved the use of up to $40,000.00 in ARPA funds for this project per Resolution 2022-31. This is a one-time purchase and will have no residual, on-going costs to the department.

IV. POLICY ALTERNATIVES:

Council could choose to not approve the purchase of lockers for this needed upgrade resulting in the Officers needing to continue to use the current outdated racking system.

V. STEPS FOLLOWING APPROVAL:

Upon City Council approval staff will make the necessary purchase of the lockers.

Approved by: _______________________
Alex Terrazas, City Manager

Attachments:

1. Resolution

2. Quote from Camargo’s Locker Magic

3. Sole Source Letter from Parent Company, Lyon Lockers ITEM 10

RESOLUTION NO. 2022-47

APPROVING THE USE OF ARPA FUNDS TO PURCHASE LOCKERS TO UPGRADE

THE POLICE DEPARTMENT DUTY GEAR STORAGE ROOM AND AUTHORIZING

STAFF TO MOVE FORWARD WITH THE PURCHASE

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council approved a mid-year budget which included the use of ARPA funds for various projects at the Police Department, including upgrading the duty gear storage room; and,

WHEREAS, the racking system currently in the storage room is part of the original building construction from 1988 and has deteriorated significantly over the past 34 years; and,

WHEREAS, the purchase of these upgraded lockers will have no fiscal impact on the City,

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ceres does hereby approve the use of ARPA funds to purchase lockers to upgrade the Polic e Department duty gear storage room and authorizes staff to move forward with the purchase.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of May 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk

ITEM 10
ITEM 10
Camargo's Locker Magic
csLB # 789549
DtR#1000022508
POBox274225
Sacramento, Ca,95827
lockermagic@gmai l.com
9t6-547-4945
For: Ceres Police Department
[email protected]
City of Ceres
2T2TThirdStreet
Ceres, CA 95307
209-595-3472
Quote No:

Date:

Quote
1887
05/03/2022
ShipTo: CityofCeres
2T2TThirdStreet
Ceres, CA 95307
Tracking No
ShlpVla
FOB
Code Description Quantity Rate Amount
24X24X24Three tier Heavy Duty K/D assembled lockers with diamond punched doors, stainless steel recessed handles and no legs, total of 66 openings 001 Z base6foot lengths
Z base ends 24"
End cover sloped Panel LH/RH pair
Continuous sloped hood 24" x60"
5915 Expansion filler !2x72
NF5829 number plates
1530 Master built in combination lock with control chart and 2 master keys f r Freight f rom Aurora ll.
3,7541bs
lnstallation of all above materials
Supply, deliver and installall above materials in 3 separate areas

INCLUDES ALL MATERIALS, FREIGHT, LABOR,INSTALLATION ALL SALES TAX INCLUDED $8es.00 $1e,6e0.00
4 $120.00
4 $2s.00
! $29s.00
4 $8s.00
1 $e0.4s
66 $2.2s
66 $18.69
1 $3,486.00
$480.00
$100.00
$29s.00
$34o.oo
$90.4s
$148.50
$t,233.s4
$3,486.00-
1 $6,890.00 $6,890.00.
1 $0.00 $0.00
7/2
\
ITEM 10
Camargo's Locker Magic - Quote 7887 - 05/03/2022
Code Description Quantity Rate Amount
1 $0.00 $0.00
All materials manufactured by
Lyon Workspace Products
Except Masterlock built in locks
GENEML TERMS AND CONDTTTONS: 1 90.00 $0.0O

1. Above pricing isvalid for thirty (30)days, and this quotation is automatically withdrawn itnot accepted in writingwithin the thirty day period. Terms net twenty days from date of invoice

2. Materials to be billed attimeof material arrival, if installation is not imminent.

3. Deliverytimes based on manufacturer's published lead times at dateoforderand are subjectto chanEe without notice,

4. Prices are subject to acceptance as indicated, and if not accepted within thirty (30)daysfrom above date, may be changed or withdrawn without notice.

5. Orders may not be canceled after acceptance without written authorization, in the event ofa cancelation , the order is subject to reasonable cancellation charges based on type of materialand status of order with manuf acturer.

6. Price listed above is based on non-union labor unless specifically noted in the body ofthequote. lf Union labor is required, but not specifically detailed in the bodyofthis quote, this quote is automatically withdrawn.

7.All Permits, Licenses, and fees are excluded, unless specifically stated in the bodyofthis quote.

8. lnterpretation of the local Building and Fire Codes are the responsibility of the purchaser. .lndicates non-taxable item
Subtotal $32,753.49
TAX 8.38% 9t,875.23
Shipping
Total
$0.00
$34,628.72
Tota! $34,628.72
2/2
ITEM 10
1f0t" l*:*,#:H'-"
April29,2022
Re: Ceres Police Department Lockers
To whom it may concern:

This letter is to state that Camargo's Locker Magic is the Sole Source for the Lyon locker's including the Sole Sourced Nano Roller latching system used for the Police Department lockers. The Nano Roller Latching system is a nylon tamper-resistant lockbar guide that ensures proper lockbar alignment for smooth operation, while reducing overall noise by eliminating metal-to-metal contact. Nano rollers ride effortlessly up the door jambs and drop into place, providing break-in protection compared to other locker latching systems. Camargo's Locker Magic is an approved and Register Partner Plus dealer in good standing at Lyon and is the dealer that is assigned all Lyon work for Ceres, CA.

Thank you,
efil/Aral/% SairlCI,
Chrystall M Burgher
VP of Sales
Lyon, LLC
cbursher@ IvonworksDace.com
937-407-2256
lyonworkspace.com
ITEM 10
ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
Tom Hallinan, City Attorney
CONTACT: Tom Hallinan, City Attorney, [email protected] Annabelle Aguilar, Interim City Clerk,
[email protected]
SUBJECT:

Resolution 2022-48, Authorizing the City to Continue
Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a Resoluti on authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361.

I. BACKG
ROUND:

Governor Gavin Newsom signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency un der modified Brown Act requirements that are similar but not identical to the rules and procedur es established by the previous Executive Brown Act Orders.

This bill, u ntil January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M.

Brown Act when a legislative body of a local agency holds a meeting during a declared state of eme rgency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.

ITEM 11

II. REAS ONS FOR RECOMMENDATION:

On June 11, 2021, Governor Newsom issued Ex ecutive Order N -08-21, which among other things rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant has s urged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional s afeguards. AB 361 allow s a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

• The legislative body holds a meeting during a proclaimed state of emergency, and state or local offici als have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under thes e circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown a ct. These additio nal requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instanc e when the local agen cy provides notice of the teleconferenced meeting or posts its agend a, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend vi a a call-in or an i nternet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call- in or internet -based service option or is within the local agency’s control and pr events the public from submitting public comments (any actions taken ITEM 11

during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the le gislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • I f the legislative body uses a third- party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register a nd may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 day s to continue using the bill’s exemption to the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N -29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

Since Ja nuary of 2021, the C eres C ity Council meetings hav e been held with virtual hybrid teleconference components. The City Council Chamber is open for public attendance and allows for public participation through a virtual environment. On October 11, 2021, the Ceres City Council adopted Resolution No. 2021-101 authorizing the City to implement telec onferenced public meetings pursuant to Assembly Bill 361 . This allowed the City to continue a hybrid virtual meeting environment. The legislative body must now co nduct the 30- day review and make the ne cessary findings to continue to meet in a virtual hybrid environment.

III. F
ISCAL IMPACTS :

There is no fiscal impact.

IV. I
NTERDEPARTMENTAL COORDINATION:

The response was prepared by the City Attorney in coordinati on with the City M anager and City Clerk.

V. P
UBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

ITEM 11

VI.

STEPS FOLLOWING APPROVAL:

If Council makes the finding that the state of emergency continues to directly impact the ability of m embers to meet safely in person, and/ or State or local officials conti nue to impose or recommend social distancing measures , t he City will continue using the hybrid environment. The City Council will revisit the need to conduct meetin gs remotely within 30 days of the adoption of this resolution.

Prepared by: __________________________
Tom Hallinan, City Attorney

Submitted by:______________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution

ITEM 11
CC Resolution No. 2022-48; Page 1 of 2

RESOLUTION NO. 2022-48

AUTHORIZING THE CITY TO CONTINUE TELECONFERENCED
PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 ALLOWING

THE CITY TO CONTINUE A HYBRID VIRTUAL MEETING
ENVIRONMENT.

THE CITY COUNCIL
City of Ceres

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 23, 2020, the City Council adopted Resolution N umber 2020-23 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, staff set up Zoom meetings for all City Council, Planning Commission and Measure H Oversight Committee meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N -08- 21, which placed an end date of September 30, 2021, for agencies to meet remotely; and

WHEREAS, since issuing Executive Order N -08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on October 11, 2021, the City Council adopted Resolution No. 2021- 101 a uthorizing the City to i mplement teleconferenced public meetings pursuant to Assembly Bill 361 allowing the City to continue a hybrid virtual meeting environment. The City will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

WHEREAS, because of the rise in cases due to t he Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings and there is a need to continue the virtual hybrid meeting environment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF CERES
RESOLVES AS FOLLOWS:

ITEM 11

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions /Committees, as well as staff and members of the public, from meeting safely in person; and
c. The Stanislaus County Health orders require all individuals in public spaces to maintain social distancing.

2. City Council and Commission/Committee meetings will continue to be conducted with a virtual hybrid component for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of May, 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Annabelle Aguilar, CMC, Interim City Clerk
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Annabelle Aguilar, Interim City Clerk
[email protected], (209) 538-5731
SUBJECT:

Three (3) Resolutions relating to the calling and giving notice to hold a November 8, 2022, General Municipal Election for the election of Councilmember District 1 and Councilmember District 2 to serve four - year terms, and to hold a Special Municipal Election for the election of Councilmember District 4 to serve the remaining half-term of a four-year term
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt the following three resolutions:

a. Resolution No. 2022-49, calling and giving notice to hold a November 8, 2022, General Municipal Election for the election of Councilmember District 1 and Councilmember District 2 to serve four- year terms, and to hold a Special Municipal Election for the election of Councilmember District 4 for the remaining half-term of a four-year term.

b. Resolution No. 2022-50, requesting the Stanislaus County Board of Supervisors consolidate the General Municipal Election and the Special Municipal Election to be held on Tuesday, November 8, 2022, with the Statewide General Election.

c. Resolution No. 2022- 51, adopting regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.

I. BACKGROUND:

The three (3) proposed resolutions relate to conducting a general municipal election and a special municipal election on November 8, 2022, in the City of Ceres. The first resolution calls for the election of two (2) Councilmembers for the expired four-year terms of the City’s Districts 1 and 2 and for the election of one (1) Councilmember of the City’s District 4 to serve the remaining half -term of a four- year term. The second resolution calls for the City Council to request that the Stanislaus County ITEM 12
Board of Supervisors consolidate both municipal elections with the scheduled Tuesday, November 8, 2022, General Statewide Election; and the third resolution presented to City Council is to adopt candidate statement submission regulations for any candidate seeking elective office and who is interested in publishing a statement of their education and qualifications in the voter pamphlet.

General Municipal Election
Members of the City Council are elected during alternating even years. T he Councilmember seats for District 1 and District 2 are scheduled to expire by December 2022. A general municipal election will be conducted in the City of Ceres on Tuesday, November 8, 2022, to elect the Council representatives for the said District seats, who will serve a four-year term, each.

Call for Special Municipal Election
On December 6, 2021, at a regular City Council meeting, Councilmember Mike Kline was appointed by the City Council to fill the District 4 seat vacated by former Councilmember Couper Condit. Since this vacancy was filled during the first half of the four-year term, in accordance with Government Code Section 36512(b)(2)(A), the person appointed to fill the vacancy shall hold office until the next general municipal election and until the person who is elected to fill the vacancy has been qualified. As a result, the City of Ceres must conduct a special municipal election at the nex t scheduled general municipal election on Tuesday, November 8, 2022, to fill the remaining second half of the four -year term.

Federal D
ecennial Census – Redistricting for Future Elections
Pursuant to California Elections Code Section 21601(a), following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution. Since a federal decennial census was conducted in 2020, the City of Ceres was required to conduct the redistricting process by the April 17, 2022 deadline. After successfully completing the process, the City Council adopted Ordinance No. 2022-1071 to approve and adopt a new Councilmember district boundaries map (attachment #4), which establishes the City’s district boundaries and shall be used for the November 8, 2022, municipal elections, and subsequent elections until further re-alignment occurs.

Nomination Period for Candidacy
The nomination period to run for City Office opens at 8:00 a.m. on Monday, July 18, 2022, and closes on Friday, August 11, 2022, at 5:00 p.m. If an eligible incumbent does not file by the Friday deadline, a five-day extension of the nomination period occurs to permit any qualified voter, except incumbents, to file nomination papers by Wednesday, August 1 7, 2022 at 5:00 p.m. Prior to qualifying as a candidate, the City Clerk will verify the residency of each potential candidate through their nomination paperwork.

II. RE ASONS FOR RECOMMENDATIO N:

To fulfill the municipal election requirements as a general law city.

ITEM 12
III. FISCAL IMPACTS:

The estimated cost to consolidate the City of Ceres’ general and special municipal elections with the statewide general election is $35,000.

IX. ST EPS FOLLOWING APPROVAL:

The City Clerk shall send certified copies of the adopted resolutions to the Clerk of the Stanislaus Board of Supervisors for consideration by the Board, and a copies to the Stanislaus County Elections Official.

Approved by: ____________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution No. 2022-49

2. Resolution No. 2022-50

3. Resolution No. 2022-51

4. Copy of 2022 adopted District Boundaries Map
ITEM 12
ITEM 12

Page 1 of 2 ends

CC Resolution No. 2022-49
RESOLUTION NO. 2022-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERES CALLING AND GIVING NOTICE TO HOLD A NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBER DISTRICT 1 AND COUNCILMEMBER DISTRICT 2 TO SERVE FOUR-YEAR TERMS AND TO HOLD A SPECIAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBER DISTRICT 4 TO SERVE THE

REMAINING HALF-TERM OF A FOUR-YEAR TERM

THE CITY COUNCIL
City of Ceres
WHEREAS, under the provisions of the laws relating to general law cities in the state of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers; and

WHEREAS, the terms of the District 1 and District 2 City Councilmembers will expire in December 2022; and

WHEREAS, there is also a need to conduct a Special Municipal Election on November 8, 2022, to fill a vacancy on the City Council pursuant to Government Code section 36512(b)(2)(A); and

WHEREAS, the appointed term of District 4 City Councilmember will also expire in December 2022, leaving the remainder half-term of the four-year term vacant; and

WHEREAS, the City Council must call for elections to be held on November 8, 2022, for the purpose of electing R epresentatives District 1 and District 2 to serve four- year terms, each; and electing a Representative for District 4 to fulfill the remaining half- term of the four-year term.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES,

CALIFORNIA, DOES RESOLVE, DECLARE , DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the state of California relating to General Law Cities, there is called and ordered to be held in the City of Ceres, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) Members of the City Council to represent District 1 and District 2 for the full term of four (4) years, each.

SECTION 2. That pursuant to the requirements of the laws of the state of California relating to General Law Cities, specifically Government Code section 36512(b)(A), there is called and ordered to be held in the City of Ceres, California, on Tuesday, Novem ber 8, 2022, a Special Municipal Election for the purpose of electing one (1) Member of the City Council to represent District 4 for the remaining half-term (two years) of the four-year term.

SECTION 3. That the ballots to be used at the said elections shall be in form and content as required by law.

ITEM 12

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CC Resolution No. 2022-49
SECTION 4. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Stanislaus Registrar of Voters, Election Division to procure and furnish any and all official ballots, notices, printed matter , supplies, and equipment that may be necessary in order to properly and lawfully conduct said elections.

SECTION 5. That the polls for the said elections shall be open at 7:00 a.m. on the day of the elections and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, pursuant to Election Code section 10242, except as provided in Elections Code section 14401.

SECTION 6. That in all particulars not recited i n this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 7. That notice of the time and place of holding the said elections is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the elections, in time, form, and manner as required by law.

SECTION 8. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of v otes for an office) as certified by the County of Stanislaus Registrar -Recorder/County Clerk, the City Council, in accordance with Election Code section 15651, subdivision (a) , shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 9. That the City Clerk is hereby directed to forward a certified copy of this Resolution to the Stanislaus County Registrar of Voters office.

SECTION 10. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 11. That the City Council authorizes the City Clerk to administer said elections and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 23
rd day of May, 2022, by the following vote of _/_/_:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

APPROVED
_____________________________
Javier Lopez, Mayor
ATTEST:
____________________________
Annabelle Aguilar, CMC
Interim City Clerk

ITEM 12

Page 1 of 2 ends

CC Resolution No. 2022-50
RESOLUTION NO. 2022-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERES, CALIFORNIA,

REQUESTING THE STANISLAUS COUNTY BOARD OF SUPERVISORS

CONSOLIDATE THE GENERAL MUNICIPAL ELECTION AND THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE

STATEWIDE GENERAL ELECTION

THE CITY COUNCIL
City of Ceres
WHEREAS, the City Council of the City of Ceres adopted Resolution No. 2022-49 calling a General Municipal Election to be held on November 8, 2022, for the purpose of electing two (2) Members of the City Council to represent District 1 and District 2 for the full term of four (4) years, each; and

WHEREAS, the City Council of the City of Ceres, by Resolution No. 2022-49, also called a Special Municipal Election to be held on November 8, 2022, for the purpose of electing one (1) Member of the City Council to represent District 4 for the remaining half- term (two years) of the four-year term.

WHEREAS, it is desirable that the General Municipal Ele ction and the Special Municipal Election be consolidated with the S tatewide General Election to be held on November 8, 2022, and within the City’s precincts and polling places; and

WHEREAS, it is desirable that the Stanislaus County Registrar of Voters canvass the returns of the General Municipal Election and Special Municipal Election; and

WHEREAS, the City Council acknowledges that the consolidated elections will be held and conducted in the manner prescribed by section 10418 of the Elections Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Stanislaus is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election to be held on Tuesday, November 8, 2022, for the purpose of electing two (2) Members of the City Council (Districts 1 and 2) for the term of four (4) years, each.

SECTION 2. That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Stanislaus is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide General Election to be held on Tuesday, November 8, 2022, for the purpose of electing one (1) Member of the City Council (Districts 4) for the remaining half-term of a four-year term.

ITEM 12

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CC Resolution No. 2022-50
SECTION 3. That the Stanislaus County Registrar of Voters, Elections Division is authorized to canvass the returns of the elections.

SECTION 4. That the Stanislaus County Board of Supervisors is requested to issue instructions to the Stanislaus County Registrar of Voters, Elections Division to take any and all steps necessary for the holding of the consolidated elections.

SECTION 5. That the City of Ceres recognizes that additional costs will be incurred by the County of Stanislaus by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 6. That the City Clerk is authorized, directed and will be responsible for issuing and collecting election information, publishing the Notice of Election and the Nominees for Public Office; and further or additional election notices as required by law.

SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the Stanislaus County Board of Supervisors and the County Registrar of Voters, Elections Division no later than July 1, 2022.

SECTION 8. That the City Cl erk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 23
rd day of May 2022, by the following vote of _/_/_:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

APPROVED:
_____________________________
Javier Lopez Mayor
ATTEST:
______________________________
Annabelle Aguilar, CMC
Interim City Clerk

ITEM 12

Page 1 of 3 ends

CC Resolution No. 2022-51
RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERES, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022

THE CITY COUNCIL
City of Ceres
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.

NOW, TH EREFORE, THE CITY COUNCIL OF THE CITY OF CERES,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Ceres on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or her self. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed [in typewritten form] with the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement shall comply with all applicable laws. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, a candidate’ s statement will be translated into all languages required by the County of Stanislaus. The County is required to translate candidate’s statements into the following languages: Spanish.

B. The County will print and mail sample ballots and candidate statements to all voters in the required language(s).

C. The County will make the sample ballots and candidate statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 3. PAYMENT.

A. Translations: The candidate shall be required to pay for the cost of translating the candidate statement into any required foreign language as pursuant to Federal and\or State law.

ITEM 12

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CC Resolution No. 2022-51
B. Printing : The candidate shall be required to pay for the cost of printing the candidate statement in English in the main voter pamphlet.

C. The candidate shall be required to pay for the cost of printing the candidates statement in a freight language required in (A) of Section 2 above, in the main voter pamphlet.

SECTION 4. ESTIMATE OF PRINTING COSTS. The estimated cost for the printing of a candidate’s statement for the November 8, 2022, main voter pamphlet is $1,000. The City Clerk shall require each candidate filing a statement to pay $1, 000 in advance as a condition of having his or her statement included in the voter pamphlet. The estimate is only an approximation of the actual cost. Costs vary from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimated amount and shall bill the candidate for any underpayment of the actual cost or refund any excess advanced payment made; depending on the final actual cost provided by the Stanislaus County Registrar of Voters, Elections Division.

SECTION 5. MISCELLANEOUS. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7. That all previous resolutions establishing council policy on payment for candidate statements are repealed.

SECTION 8. That this resolution shall apply only to the elections to be held on November 8, 2022, and shall then be repealed.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting thereof held on the 23
rd day of May, 2022, by the following vote of _/_/_:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

APPROVED
___________________________
Javier Lopez, Mayor

ITEM 12

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CC Resolution No. 2022-51
ATTEST:
___________________________
Annabelle Aguilar, CMC
Interim City Clerk
ITEM 12
ITEM 12

ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778

James Michaels, Senior Planner
[email protected], (209) 538-5 774

SUBJECT:

Final Adoption of Ordinance No. 2022- 1072; a Zoning Ordinance Text Amendment (ZOTA) to the Mitchell Road Corridor Specific Plan (MRCSP) that would allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt the following:

1. Ordinance No. 2022- 1072 – Approving a Zoning Ordinance Text Amendment to modify Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) to allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission.

I. BACKG
ROUND:

Discussion and Conclusion of March 21, 2022 Planning Commission Meeting

At the March 21, 2022 Planning Commission meeting, staff presented a text amendment to allow main building heights of an unlimited height limit on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission.

ITEM 13
Upon the completion of staff’s presentation, the Planning Commission had no questions on the proposed text amendment and reaffirmed that the text amendment would not only apply to the Ceres Gateway Center project but would also be applied to all regional commercial zoned properties located within the MRCSP. With no further discussion taking place, the Planning Commission made a recommendation that the City Council approve the text amendment as proposed (with no modifications) by a 4-0-1 vote (Commissioner Johnson – Absent).

Discussion from the April 11, 2022 City Council meeting Following the Planning Commission meeting, s taff presented the same text amendment to the City Council at their April 11, 2022 meeting. At that meeting, there was some discussion among the City Council about the height limitation. Following that discussion, the City Council first voted (3-2) to deny the amendment, then followed up with another vote (5-0) to continue the item to the May 9, 2022 meeting to review options and allow staff the opportunity to provide visualizations of the area.

Discussion from the May 9, 2022 City Council meeting
After considering the City Council’s feedback from the April 11 th meeting, staff returned to the City
Council’s May 9th meeting with a proposed limit of 50 feet for the maximum main building height, instead of the previous proposal of unlimited building heights. This new proposal would allow building heights between 35 and 50 tall, subject to approval by the Planning Commission.

Staff provided visualizations that show ed an overview map of Walmart, the various proposed buildings at Ceres Gateway Center, and Highway 99. The visualizations reflected that structures with heights less than 35 feet momentarily obscure travelers’ views of Walmart from Highway 99.

Based on these visualizations, the City Council concluded that increasing the maximum height limit for structures would not make any difference for the visibility of Walmart from Highway 99.

At the conclusion of the meeting, the City Council approved the text amendment as proposed by staff (with a maximum main building height limit of 50 feet ) by a 4 -0 vote. The proposed text amendment to the MRCSP includes the following insertions underlined in green and the following deletions with purple strikethrough:

Section 1. Section III -E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. Height of Structure:

No main building erected shall have a height greater than thirty -five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances and screened from view in accordance ITEM 13
with the Design Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space.

Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.

Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limits described above, up to a maximum height limit of 50 feet, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit r
estrictions established within the A-O Airport Overlay Zone (Sec. 18.36 18.21 et. seq. of the Ceres Municipal Code).

II. REASONS FOR RECOMMENDATION:

Planning Commission Recommendation
At the March 21, 2022 Planning Commission meeting, the Planning Commission had no questions on the proposed text amendment and reaffirmed that the text amendment would not only apply to the Ceres Gateway Center project but would also be applied to all regional commercial zoned properties located within the MRCSP. With no further discussion taking place, the Planning Commission made a recommendation that the City Council approve the text amendment as proposed (with no modifications) by a 4-0-1 vote (Commissioner Johnson – Absent).

City Council Action
At the City Council meeting held on May 9, 2022, the City Council considered the item and approved the text amendment as proposed by staff (with a maximum main building height limit of 50 feet) by a 4-0 vote.

III. F
ISCAL IMPACTS:

None.

IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

None.

V. PO LICY ALTERNATIVES:

1. Modify and adopt the Text Amendment.

2. Do not approve the proposed Text Amendment.

ITEM 13
VI. INTERDEPARTMENTAL COORDINATION:

None.

VII. P UBLIC PARTICIPATION:

The Planning Commission and City Council have both held Public Hearings regarding this item.

The Planning Commission notice was published on March 9, 2022, and the City Council notice was published on March 30, 2022.

VIII. EN VIRONMENTAL REVIEW:

This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b-3), the text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Mitchell Road Corridor Specific Plan (MRCSP) as proposed is not subject to CEQA.

IX. ST
EPS FOLLOWING APPROVAL:

This Ordinance shall take effect and be in full force thirty (30) days from and after its adoption.

Within 15 days of its adoption, a summary of the ordinance shall be published in the Ceres Courier, a newspaper of general circulation, circulated and published in the City of Ceres, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.

Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachments:

1. Ordinance No. 2022-1072

2. March 21, 2022 Planning Commission Meeting Staff Report

3. 3D Visualizations

ITEM 13

ORDINANCE N O. 2022 - 1072

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES APPROVING A ZONING ORDINANCE TEXT AMENDMENT TO THE CITY’S MITCHELL ROAD

CORRIDOR SPECIFIC PLAN (MRCSP) THAT WOULD ALLOW MAIN BUILDING HEIGHTS UP TO 50 FEET ON PROPERTIES ZONED “RC, CREGIONAL COMMERCIAL” SUBJECT TO APPROVAL BY THE PLANNING COMMISSION.

APPLICATION NUMBER ZOTA 22-04

THE CITY COUNCIL
City of Ceres, California
WHEREAS, the City Council of the City of Cer es, State of California, has considered said application proposing a Zoning Ordinance Text Amendment to modify Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP), to allow main building heights up to 50 feet on properties zoned “RC, Regional Commercial” subject to approval by the Planning Commission; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on March 21, 20 22 at 6:00 p.m. and considered all testimony and comment presented whether orally or in writing and by a 4-0-1 vote (Commissioner Johnson – Absent), recommended the City Council approve a similar version of the proposed text amendment that allowed unlimited heights for main buildings in the “RC, Regional Commercial” zone; and, WHEREAS, “RC, Regional Commercial” zoned properties located within the Mitchell Road Corridor Specific Plan (MRCSP) affected by this ordinance are located in Ceres, CA; and,
WHEREAS, the City Council held a duly noticed public heari ng on April 11, 2022 at 6:00 p.m., considered all testimony and comment presented whether orally or in writing for the Introduction and First Reading, and continued the item to the regularly scheduled May 9, 2022 meeting for further analysis; and,
WHEREAS, the City Council, in making a revision to Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP), finds that:

1. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the Mitchell Road Corridor Specific Plan.

2. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan will have no adverse effect on properties under the City’s jurisdiction.

3. The proposed Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan will not endanger any wildlife or wildlife habitat.

4. This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b- 3), the text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a ITEM 13

significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Thus, amending the applicable section of the Mitchell Road Corridor Specific Plan (MRCSP) as proposed is not subject to CEQA.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CERES HEREBY ORDAINS that Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. Height of Structure:

No main building erected shall have a height greater than thirty -five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erec ted and maintained at such height in view of the surrounding conditions and circumstances and screened from view in accordance with the Design Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpos e of providing additional floor space. Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.

Main buildings and per
mitted projections within the “RC, Regional
Commercial” zone may exceed the height limits described above, up to a maximum height limit of 50 feet, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit restrictions established within the A -O Airport Overlay Zone (Sec. 18.36

18.21 et. seq. of the Ceres Municipal Code).

BE IT FURTHER ORDAINED, that this Ordinance shall take effect and be in full force thirty (30) days from and after its adoption. Within 15 days of its adoption, a summary of the ordinance shall be published in the Ceres Courier, a newspaper of general circulation, circulated and published in the City of Ceres, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.

ITEM 13

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Ceres held on the 11th day of April, 2022, continued to the 9th day of May, 2022 for further analysis and discussion, and adopted on the 23rd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

_______________________________
Javier Lopez, Mayor

ATTEST:

_______________________________
Annabelle Aguilar, Interim City Clerk

I:\PLANNING\DEPT\PLANNING\City Council\2022\ZOTA 22-04 (MRCSP Height Amendment) - May 23, 2022 (Final Adoption of Ord 2022-1072; MRCSP Height Amendment).doc

ITEM 13

STAFF RE

PORT AND

RECOMMENDATION
March 21, 2022
TO: Plan
ning Commission
FROM: Jam
es Michaels, Senior Planner
SUBJECT:

Mitchell Road Corridor Specific Plan Text Amendment (ZOTA) 22- 04; Proposal to consider a Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”.

APPLICANT
: City of Ceres
2220 Magnolia Street
Ceres, CA 95307

PROPOSAL
The propos
al is for one zoning ordinance text amendment to the City’s Mitchell Road Corridor Sp ecific Plan (MRCSP) that would give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “ RC, Regional Commercial ”. The MRCSP section that would be affected by this amendment includes:
• Modifyi
ng Section III-E(1) (Development Regulations - General Provisions – Height of Structure).

GENERAL P

LAN AND ZONING COMPLIANCE
The propos
ed zoning ordinance text amendment would apply to properties located within the MRCSP and zoned “RC, Regional Commercial”. Specific Plan policies that can be applied to support the proposed text amendment include:

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1 Linda Ryno, Dist. 2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
209-538-5774
Fax 209-538-5675
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 1
Attachment 2
ITEM 13
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties) • MRCSP Policy P3: Permit a range of building heights which are demonstrated to be suitable for the corridor area.
• MRCSP
Policy P18: Maximize southern portion of the C orridor
for uses that have a regional market attraction such as theaters, department stores, membership/wholesale stores, etc.
• MR
CSP Development Regulations, A. Statement of Intent:

1. Enc
ourage an attracti ve variety of commercial uses
within the Corridor to contribute economical ly, socially , and visually to the community.

2. Pr
ovide opportunities and incentives for economi cally
productive business enterpri ses and efficient use of land parcels, either through consolidation of existing parcels or coordinated planning of adjacent parcels.

Addi
tional General Plan goals and poli cies that can be applied to support the proposed text amendment include:
• Gener
al Plan Policy 2.A.11. Prioritize Development with Community Benefits.

Prioritize development projects that are needed to provide for the Cit y’s fair share of regional housing needs, including very -low and low-income housing, or provide substantial benefits to the community, including, bu t not limited to, unique economic development opportunities (e.g. substantial number of jobs, substantial sales tax revenues).
• Gener
al Plan Policy 2.G.1. Mitchell Road/SR 99 Interchange. Support the development of commercial uses that serve the Ceres r egional market and leverage the improved SR 99 interchange at Mitchell Road. • Gener
al Plan Goal 7. C. Attr act and retain a mixture of businesses and employment-generating uses that are beneficial for the community and provide a strong economic base.
• Gener
al Plan Policy 7.C.8. Promote Potential Industrial and Regional Commercial Sites . Develop and implement a marketing strategy aimed at potential large industrial, research and development, and business park employers in order to attract more development and jobs to the areas designated for industrial and regional commercial development.

Bas
ed on this inform ation, sta ff belie ves the pro posed zoning ordinance text amendment will be supported by the MRCSP, the General Plan, and applicable sections of the Zoning Ordinance.

Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 2
ITEM 13
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties)

ANALYSIS
Over
the l ast two years, following the City ’s approval of the Ceres Gateway Ce nter project (located at the southwest corner of Service & Mitchell Roads) in February 2020, the project representative approached sta ff frequently to discuss potential business users of both Phases 1 and 2 for that project. Phase 1 primaril y consists of retail development and Ph ase 2 primarily consists of a hotel development. The property is zoned “RC, Regional Commercial”.

The Ceres
Gatew ay Center representative recent ly informed staff that a developer is highly interested in constructing a hotel for the Phase 2 portion of the project . However, the desired floor plan for the hotel would be a 4-story building which may result in a n overall height of 45-50 feet, thereby exceeding the MRCSP allowable height limit of 35 feet.

The “C
-2, Community Commercial” zone is outside the MRCSP area, but it is in many ways substantially sim ilar to the “ RC, Regional Commercial ” zone. One minor difference is that the “C-2, Community Commercial” zone, allows the height of proposed buildings to be regulated through the Ci ty’s site plan a pproval process such that said height of a building shall be as approved by the Planning Commission, without a defined height limit. After considering the hotel example and other potentially taller commercial structures in the “RC, Regional Commercial” zone, staff recommends modifying the current MRCSP’s height standard in the “RC, Regional Commercial” zone to be similar to that of the “C- 2, Community Commercial” zone district of the Ceres Zoning Ordinance.

Staff pr
oposes amending the MRCSP with the follo wing insertions underlined in green and the following deletions with purple strikethrough:

Sect
ion 1. Section III-E1 ( Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. H
eight of Structure:

No mai
n building erected shall have a height greater than thir ty-five feet except as provided herei n. No accessory building erected shall have a height gr eater than fifteen (15) feet. Permitted p rojections ab ove the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances an d screened from Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 3
ITEM 13
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties) view in accordance with the De sign Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Any area that falls within the area designated as an airport overlay zone shall comply with the height limitations prescribed by that zone, if they are more restrictive than those herein prescribed.

Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limit s described above, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit restrictions est ablished within the A -O Air port Overlay Zone (Sec.

18.36 18.21 et. seq. of the Ceres Municipal Code).

Staff C
omments
In addit
ion to the project being consistent with the City’s General Plan and MRCSP policies noted above, staff also supports the project for the following reasons:

1. The propos
ed text amendment establishes flexibility to permit a range of building heights which would be suitable f or the “R C, Regional Commercial ” zoned Corridor area. The amendment would not apply to the other non- regional commercial zone d properties (i.e. “CC, Community Comme rcial”, or “HC, Highway Commercial ”, etc.) as m ost of those properties fall within the Airp ort Overlay Flight zone and would be limited to the 35-foot height restriction.

2. The proposed
text amendment assists in maximizing the southern portion of the Corridor area in that it encourages employment-generating uses ( that are regional market att ractions, such as a hotel ) to open here in Ceres that may not otherwise exist if the current height restriction remains in place.

3. The propos
ed text amendment has the p otential to attract a mixture of businesses that will want to relocate to Ceres , thereby p roviding a strong economic base which will b enefit the Ceres community . Approving the amendment creates the potential of generating additional sales tax revenues for the City in the future.

With a P
lanning Commiss ion recommendation for approval of the proposed text amendment noted above, the modification to the applicable section of the MRCSP will help maintain the purpose and intent o f the applicable goals and policies listed in the City’s General Plan and the MRCSP.

Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 4
ITEM 13
Planning Commission Agenda – March 21, 2022
Application Nos. 22-04 ZOTA (MRCSP – RC Zoned Properties) CEQA
This p roposal was reviewed pursuant to the California Environmental Quality Act (CEQA). Per CEQA Section 15061(b-3), the proposed text amendment is not subject to CEQA as CEQA applies only to projects which have the pot ential for causing a significant effect on the env ironment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effec t on the environment, the activity is not su bject to CEQA. Thus, amendi ng the applicable section of the MRCSP as proposed is not subject to CEQA.

STAF

F RECOMMENDATION
The Pl
anning Commission recommends City Council approve the proposed Zoning Ordinance Text Amendment subject to the findi ngs and proposed revisi ons to the MRCSP listed in Draft PC Resolution 22-05 (please note that the new text being added to the MRCSP is underlined in green and any existing text to be deleted is crossed out in purple for clarity and the purposes of this amendment process).

REQUI

RED ACTION
Approval of
this project requires the following action by the Planning Commission:
1) Accep
t that this project is consistent with CEQA Guidelines Section 15061(b- 3) – Review For Exemption.
2) Recom
mend the City Council approve the Z oning Ordinance Text Amendment (ZOTA 22-04) per the findings and proposed revisions to the Mitche ll Road Corridor Specific Plan (MRCSP) listed in Draft PC Resolution 22-05.

Attac
hments:

Page
7-10
Draft PC Resolution 22-05
11 A erial Site Map (reflecting “RC, Regional Commercial” areas) I:\PL
ANNING\DEPT\PLANNING\PC\staff reports\2022\22-04 ZOTA ( MRCSP Height Amendment - RC zoned properties, CH edits).doc; staff report
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 5
ITEM 13
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 6
ITEM 13
RECORDING REQUESTED BY:

CITY OF CERES
When R
ecorded mail to:

Cit
y of Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RE
SOLUTION NO. 22-05
RES

OLUTION OF THE CITY OF CERES PLANNING COMMISSION

RECOMMENDING THE CITY CO UNCIL APPROVE A ZONING ORDINANCE TEXT AMENDMENT TO THE CITY ’S MITCHELL ROAD CORRIDOR SPECIFIC

PLAN (MRCSP) THAT WOULD GIVE THE CITY PLANNI NG COMMISSION

THE AUTHORITY TO APPROVE MAIN BUILDING HEIGHTS EXCEEDING THE CURRENT SPECIFIC PLAN LIMIT OF 35 FE ET ON PROPERTIES ZONED “RC, REGIONAL COMMERCIAL”. APPLICATION NUMBER ZOTA 22-04 WHERE
AS, the Planning Commission of the City o f Ceres, S tate of California, h as considered said application proposing a Zoning Ordinance T ext Amendment to modify Section III-E1 ( Development Regulations – General Provisions – Height of Structure ) of the Mitchell Road Corridor Specific Plan (MRCSP), to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Plan limit of 35 feet on properties zoned “RC, Regional Commercial”; and,
WHERE
AS, all “Regional Commercial ” zoned properties affected by this resolution are located within the Mitchell Road Corridor Specific Plan (MRCSP) in Ceres, CA; and,
WHERE
AS, the Pl anning Commission held a duly noticed public hearing on March 21, 20 22, at 6:00 p.m., and considered all testimony and comments presented whether orally or in writing; and,
WHERE
AS, the Planning Commission, in making a recommendation to the City Council, to give the City Planning Commission the authority to approve main building heights exceeding the current Specific Pla n limit of 35 feet on properties zoned “RC, Regional Commercial”, finds that:

1. The propos
ed Zoning Ordinance Text Amendment to the M itchell Road Corridor Specific Plan is consistent with the purpose and intent of the applicable goals and policies of the City of Ceres General Plan and the Mitchell Road Corridor Specific Plan.

Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 7
ITEM 13

2. The propos
ed Zoning Ordinance Text Amendment to the M itchell Road Corridor Specific Plan will have no adverse effect on properties under the City’s jurisdiction.

3. The propos
ed Zoning Ordinance Text Amendment to the M itchell Road Corridor Specific Plan will not endanger any wildlife or wildlife habitat.

4. This
propose d Zoning Ordinance Text Amendment to the Mitchell Road Corridor Specific Plan was reviewed pursuant to the C alifornia Environmental Quality Act (CEQA). Per CEQA Section 15061(b -3), the proposed zoning text amendment is not subject to CEQA as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activit y is not subject to CEQA. A mending the applicable section of the Ceres Municipal Code as proposed with this text amendment request will not have any significant effect on the environment, and therefore, the proposal is not subject to CEQA.

NOW,

THEREFORE, THE PL ANNING COMMISSION OF THE CIT Y OF
CERES HEREBY RECOMME NDS THAT THE CITY COUNCIL ORDAIN as follows:

Sec
tion 1. Section III-E1 (Development Regulations – General Provisions – Height of Structure) of the Mitchell Road Corridor Specific Plan (MRCSP) is amended to read as follows:

III. – Development Regulations.

E. 1. Hei
ght of Structure:

No main building erected shall have a height greater than thir ty-five feet except as provided herein. No accessory building erected shall have a height greater than fifteen (15) feet. Permitted projections above the height include: vertical accents at the building entries such as towers and penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mech anical equipment, fire or parapet walls, skylights, flagpoles, and chimneys, approved by the Planning Commission or the Planning Director, depending on the approval process, provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances and screened fro m view in accordance with the De sign Guidelines. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. Any area that falls within the area desi gnated as an airport overl ay zone shall comply Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 8
ITEM 13
wit
h the height limitations prescribed by that zone, if they are m ore restrictive than those herein prescribed.

Main buildings and permitted projections within the “RC, Regional Commercial” zone may exceed the height limit s described above, subject to approval by the Planning Commission.

Structures with the Airport Approach zone shall be subject to the height limit restrictions est ablished within the A -O Air port Overlay Zone (Sec. 18.36 18.21 et. seq. of the Ceres Municipal Code).

I HEREBY CERTIFY that th e f oregoing resolution was duly and regularly adopted by the Planning Commission of the City of Ceres at a regular meeting of said Planning Commission held on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

A TTEST:
__ _____

CHRI STOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES
I:\PLANN
ING\DEPT\PLANNING\PC\Resolutions\2022\22-05 (22-04 ZOTA - MRCSP Height Amendment).doc Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 9
ITEM 13
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 10
ITEM 13

A PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT

AMENDMENT TO THE MITCHELL ROAD CORRIDOR SPECIFIC PLAN
(MRCSP) THAT WOULD GIVE THE CITY PLANNING COMMISSION THE

AUTHORITY TO APPROVE MAIN BUILDING HEIGHTS EXCEEDING
THE CURRENT SPECIFIC PLAN LIMIT OF 35 FEET ON PROPERTIES ZONED “RC, REGIONAL COMMERCIAL”. 22-04 ZOTA.

RC Zo
ned Properties North
Planning Commission Meeting - March 21, 2022
Agenda Item 6 - Page 11
ITEM 13
ITEM 13
Attachment 3

Walmart
85’ Sign
* Point A
* Point B
* Point C
* Point D
ITEM 13
Point A: Northbound Highway 99, immediately north of exit.

Point B: Northbound Highway 99, on top of southern overpass.

Point C: Northbound Highway 99, descending from southern overpass.

Point D: Southbound Highway 99, looking back across the other side of the highway.

* All visualizations are from five feet above the pavement Walmart Ceres Gateway
Center Businesses
85’ Sign Hotel hidden
behind trees
85’ Sign 50’ Hotel Other
Businesses
85’ Sign
Quick Quack Chipotle Ono Hawaiian BBQ
Walmart Walmart
50’ Hotel
35’ Hotel
85’ Sign
Walmart
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Tom Hallinan, Esq., City Attorney
CONTACT: Tom Hallinan, Esq., City Attorney
[email protected]
SUBJECT:

Resolution 2022-37, approving an Employment Agreement with Alex Terrazas for the position of City Manager

RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the resolution approving an Employment Agreement with Alex Terrazas for the position of City Manager.

I. BACKGROUND:

After a thorough search, the City Council chose Interim City Manager Alex Terrazas to be the next City Manager. The proposed agreement is attached as Exhibit “A” to the Resolution submitted with this Agenda Report.

II. REASONS FOR RECOMMENDATION:

An employment agreement is required for the City Manager and the negotiations have been completed.

III. FISCAL IMPACTS:

The position is included in the current budget.

IV. POLICY ALTERNATIVES

ITEM 14

The Council can approve the Employment Agreement as presented or make such agreed upon modifications, as it may deem appropriate.

V. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The services provided by Mr. Terrazas will assist the City in accomplishing its goal of enhancing its government operations to provide quality services to meet community needs and assuring that the City is sufficiently staffed and trained.

VI. STEPS FOLLOWING APPROVAL:

Execute the agreement.

__________/s/_______________
Tom Hallinan, City Attorney

Attachments:

1. Resolution

2. Employment Agreement
ITEM 14
RESOLUTION NO. 2022-37

RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT

WITH ALEX TERRAZAS FOR CITY MANAGER SERVICES

THE CITY COUNCIL
City of Ceres

WHEREAS; the City Council conducted a thorough search for a new City Manager after the resignation of Tom Westbrook; and,

WHEREAS, the City Manager has appointed Interim City Manager Alex Terrazas to the position of City Manager; and,

WHEREAS, the Employment Agreement has been negotiated with Alex Terrazas, which sets forth the rights, duties and obligations of the parties, a copy of which Agreement is attached hereto as Exhibit “A” and incorporated herein by reference; and

WHEREAS, the City Cou ncil has reviewed the terms and conditions of said Agreement and finds the terms and conditions contained therein are reasonable and in the best interest of the citizens of the City of Ceres.

NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres approves an Employment Agreement with Alex Terrazas to serve as City Manager.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of May, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk
ITEM 14
ITEM 14
EXHIBIT “A”
1 EMPLOYMENT AGREEMENT
City Manager

This agreement is made and entered into by and between the City of Ceres, State of California, a municipal corporation, hereinafter called “EMPLOYER,” and Alex Terrazas, hereinafter called "EMPLOYEE” sometimes collectively referred to as “the PARTIES.”

WITNESSETH

WHEREAS, it is the desire of the EMPLOYER to provide certain benefits, establish certain conditions of employment and to set working conditions of said EMPLOYEE, which conditions will help to:

1. Secure and retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment;

2. Make possible full productivity by assuring EMPLOYEE'S morale and peace of mind with respect to future security;

3. Act as a deterrent against malfeasance or dishonesty for personal gain on the part of the EMPLOYEE;

4. Provide a just means for terminating EMPLOYEE’S services at such time as EMPLOYER may desire to terminate the EMPLOYEE.

WHEREAS, EMPLOYEE has served Interim City Manager since August of 2021; and,

WHEREAS, EMPLOYER has offered and EMPLOYEE desires to accept appointment as the City Manager of the City of Ceres and,

WHEREAS, the PARTIES desire to enter into this agreement (hereinafter “Employment Agreement”) to employ EMPLOYEE in the position of City Manager, which will supersede and replace any existing agreement regarding EMPLOYEE’S prior or current employment with EMPLOYER

NOW THEREFORE, in consideration of the mutual covenants contained herein, the EMPLOYER and EMPLOYEE agree as follows:

SECTION I -

EMPLOYMENT

EMPLOYEE is employed to serve as the EMPLOYER’S City Manager. EMPLOYEE shall serve as an "at will employee" at the pleasure of the City Council, who has the power pursuant to local ordinance to appoint and remove EMPLOYEE.

ITEM 14
EXHIBIT “A”
2 SECTION II – DUTIES

A. EMPLOYER agrees to employ Alex Terrazas as City Manager of said EMPLOYER effective May 23, 2022, to perform the functions and duties specified in the ordinances of the City of Ceres, the job description of City Manager, and to perform other legally permissible and proper duties and functions as the EMPLOYER shall from time -to-time assign. In addition, unless otherwise specified in this Employment Agreement, E MPLOYEE shall be bound by all the policies, rules and regulations of EMPLOYER now in force and effect applicable to E MPLOYEE’S position, and by all such other applicable policies, rules and regulations as may be implemented and called to EMPLOYEE’S notice in the future, will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify or revoke E MPLOYEE’S status as an at -will employee or any other provision of this Employment Agreement.

B. During the term of this Employment Agreement, EMPLOYEE shall devote his professional services exclusively to the performance of his duties as City Manager and shall not accept other employment with any other firm or agency without the written approval of the EMPLOYER.

C. It is one of the duties of the City Manager of the City of Ceres to implement, support and articulate the policies and objectives of the Ceres City Council and to serve as the primary administrative official of the City. As such, EMPLOYEE is expected to maintain a reasonably high level of community involvement, and should become an active participant in various community activities including those conducted or sponsored by the City and its departments and those conducted or sponsored by various community service organizations. EMPLOYER shall reimburse EMPLOYEE for any costs or expenses necessarily incurred as a result of the discharge of his duties, including attendance at community events and activities.

SECTION III –
TERM

A. The term of this Employment Agreement shall be for an indeterminate period of time,but is subject to termination by EMPLOYER as provided herein.

EMPLOYEE acknowledges that he is employed to an “at will” position and serves at the pleasure of the City Council subject only to the restrictions imposed by federal state or local law or ordinance and the terms and conditions of this Employment Agreement.

B. Nothing in this Employment Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYER to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in Section VI of this agreement.

C. Nothing in thi s Employment Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his ITEM 14
EXHIBIT “A”
3 position with EMPLOYER, subject only to the provision set forth in Section VI of this agreement

SECTION IV –

HOURS OF WORK

It is recognized that the EMPLOYEE’S position is an executive management position which often requires more than a conventional forty-hour week to provide the desired level of professional service. It is further recognized that to properly fulfill the duti es and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on site to perform the duties of the position, EMPLOYEE has discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour -per-week on- site presence at City Hall, and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.

SECTION V- SALARY

A. EMPLOYER agrees to pay EMPLOYEE for his services rendered, pursuant hereto, the annual gross amount of Two-hundred and ten thousand dollars ($210,000), (hereinafter EMPLOYEE’S “Annual Base Salary”), which shall be payable pro- rata at the same time as other similarly situated City employees are paid.

EMPLOYER further agrees to pay EMPLOYEE additional compensation in the amount equal to two percent (2%) of the EMPLOYEE’S annual base salary in equal installments at the same time other employees are paid, commencing on the date of employment. These amounts shall be placed into a qualifying deferred compensation account as directed by EMPLOYEE. Upon EMPLOYEE’S separation from employment, EMPLOYER agrees to transfer ownership to EMPLOYEE, or a plan maintained by EMPLOYEE’S succeeding employer, or to make other such transfer or disbursement as EMPLOYEE desires , as may be consistent with the terms of the deferred compensation plan.

B. EMPLOYER agrees to annually consider increases in EMPLOYEE’S Annual Base Salary and/or other benefits of EMPLOYEE in such amounts and to such extent as the City Council in its sole discretion , after consultation with EMPLOYEE , may determine is justified based upon an annual performance review of EMPLOYEE.

Increases may include additional compensation paid to EMPLOYEE’S deferred compensation account. Consideration of increases in Annual Base S alary and/or benefits will be made at the same time as similar consideration is given to other similarly situated employees.

SECTION VI
- TERMINATION AND SEVERANCE PAY

A. In the event the EMPLOYEE is terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties under this ITEM 14
EXHIBIT “A”
4 Employment Agreement, then in that event, EMPLOYER agrees to pay EMPLOYEE severance in the form of a lump sum cash payment equal to four (4) months of the Employee’s Annual Base Salary during the first year of employment; five (5) months during the second year of employment; and six (6) months of during the third year of employment, calculated at the rate of pay in effe ct upon termination, less applicable statutory deductions . EMPLOYEE shall also be paid for all accrued vacation leave, to date of termination subject to the limitations imposed by this Employment Agreement regarding the cashing out of such benefits.

A. Should EMPLOYEE be terminated by EMPLOYER for the commission of any illegal act involving illegal personal gain or moral turpitude, then, in that event, EMPLOYER shall have no obligation to pay the severance amounts designated in this Section VI.

B. In the ev ent the EMPLOYER, at any time during the term of this Employment Agreement, reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all employees of EMPLOYER, or in the event EMPLOYER refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, or the EMPLOYEE resigns as a result of notification or other indication, whether formal or informal, by the Council that the Council intends to terminate his employment for reasons other than those set forth in Section VI (B), then, in that event, EMPLOYEE may, at his option, be deemed to be “terminated” at the date of such reduction, refusal to comply, or the suggestion that he resign, and EMPLOYEE shall be eligible for severance pay as set forth in Section VI (A).

C. In the event EMPLOYEE voluntarily resigns his position with EMPLOYER, then EMPLOYEE shall give EMPLOYER 60 days written notice, in advance, unless the PARTIES otherwise agree. In such event E MPLOYEE shall not be eligible for a lump sum severance pay; however, EMPLOYER shall pay EMPLOYEE for accrued benefits in accordance with the terms of this Employment Agreement.

SECTION VII – RESIDENCY REQUIREMENT

Although the EMPLOYER encourages EMPLOYEE to maintain his residence within the jurisdictional boundaries of the City of Ceres within a reasonable time of his appointment in order to promote community involvement by the City Manager, residency within the City is not a requirement of this Employment Agreement.

SECTION VIII
– PERFORMANCE EVALUATION

A. EMPLOYER shall annually review and evaluate the performance of the EMPLOYEE. Said evaluation shall be conducted in closed personnel sessions and shall be completed at or near the anniversary date of the effective date of this agreement.

ITEM 14
EXHIBIT “A”
5 B. It is mutually agreed that the adopted operating budget for each fiscal year and any team building/goal setting meetings held by the City generally contain the goals and objectives developed by the EMPLOYER.

C. The review and evaluation will be in accordance with specific criteria developed by the EMPLOYER with consultation by the EMPLOYEE, which criteria may be modified or adjusted from time-to-time, as the EMPLOYER may deem appropriate after consultation with the EMPLOYEE.

D. In effecting the provisions of this section, the EMPLOYER and EMPLOYEE mutually agree to abide by the provisions of applicable law.

E. The result of the performance evaluation shall be memorialized in writing with a copy provided to EMPLOYEE and all Council members, unless waived by the parties.

SECTION IX
– FRINGE BENEFITS AND OTHER TERMS AND CONDITIONS OF

EMPLOYMENT

A. T erm Life Insurance

1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face value of $150,000.

2. The EMPLOYER reserves the right to provide this life insurance through a self- insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by the EMPLOYER.

B. H
ealth and Welfare Plan

1. EMPLOYEE acknowledges that EMPLOYEE is eligible for coverage under EMPLOYER’S group medical, dental and vision insurance plans under the same terms and conditions as other similarly situated City of Ceres employees.

2. In order to opt out, the EMPLOYEE must provide the following:

a. P roof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and

b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her family have or will have such minimum essential coverage for the opt ITEM 14
EXHIBIT “A”
6 out period. EMPLOYEE must provide the attestation every plan year at open enrollment.

3. In recognition of EMPLOYEE’s waiving coverage for himself and his dependents under EMPLOYER’S medical plan, EMPLOYER agrees to pay EMPLOYEE $500.00 per month. Such payments shall be deposited into a qualifying deferred compensation account as directed by EMPLOYEE and made at regular intervals coinciding with payment of EMPLOYEE’S Annual Base Salary. Upon EMPLOYEE’S separation from employment, EMPLOYER agrees to transfer ownership to EMPLOYEE, or a plan maintained by EMPLOYEE’S succeeding employer, or to make other such transfer or disbursement as EMPLOYEE desires, as may be consistent with the terms of the deferred compensation plan.

4. Should EMPLOYEE elect to become covered under EMPLOYER’S medical plans at anytime during the term of this Employment Agreement, the payments set forth in Section IX (B) (3) shall terminate. EMPLOYEE’S coverage may be commenced in accordance with the terms of the plan and under the same terms and conditions as provided to other similarly situated City employees.

5. Benefits shall stop at the end of the month when City employment is ended for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.

There is no responsibility on the part of the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE's employment.

P ayment for medical waivers will be paid only through the end of the month in which EMPLOYEE's employment terminated. Such payment will be included in EMPLOYEE's final pay received from the City.

Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE's termination of City employment will be withheld from the final pay received from the City.

The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and opportunity to discuss concerns regarding the changes.

C. S
ick Leave & Sick Leave Conversion

1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). In recognition of employee’s years of service in City Management, he shall receive an initial bank of 80 hours. Sick leave accumulation is unlimited.

ITEM 14
EXHIBIT “A”
7 2. EMPLOYEE shall be entitled to convert up to forty (40) hours of unused sick leave to pay per calendar year.

3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’S current base hourly rate at time of retirement.

a. For the purpose of this section, the term “retirement” is defined, understood and intended to mean, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuance of paid work for the City under any circumstances other than defined herein, or election by EMPLOYEE for deferral of retir ement payments, are not considered as “retirement” for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein.

b. The City agrees to implement upon retirement a retiree health savings plan administered by a provider se lected by the City. EMPLOYEE will contribute upon retirement 100% of allowable Sick Leave Conversion and or Cash Out to a Retiree Health Savings account.

Vacation & Vacation Conversion

1. In recognition of Employee’s years of experience in city management, Employee shall accrue vacation at 7.69 hours per pay period and receive an initial bank of 80 hours.

2. Maximum vacation accumulation shall be 520 hours. If EMPLOYEE reaches the 520 hours maximum vacation accumulation he shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.

3. Pay-out of accumulated vacation hours at separation of service shall be limited to 520 hours.

4. In accordance with City policy, prior to December 31st of each calendar year, EMPLOYEE may elect to cash out in the subsequent calendar year up to 60 hours of vacation time which EMPLOYEE will accrue during that calendar year. Payment will be at EMPLOYEE’S hourly rate of pay at the time the vacation is cashed out (1:1 ratio).

Conversion of Leave to Deferred Compensation Account

ITEM 14
EXHIBIT “A”
8 1. EMPLOYEE shall be given the opportunity to convert sixty (60) hours per fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.

F. M anagement Leave

1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.

2. EMPLOYEE shall receive fifteen (15) management leave days (120 hours of leave) per fiscal year. Management leave must be used during the fiscal year in which it is earned and is not accumulative. Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Council. The allocation of fifteen (15) management leave days shall begin on July 1, 2022.

3. EMPLOYEE shall receive paid days off during all City Holiday closures, including the closures negotiated as part of the Miscellaneous MOU.

G. Ber
eavement Leave

1. EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the employee’s spouse, or children, including stepchildren.

2. EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the employee’s parents, siblings or grandchildren. The definition of parent and siblings as used herein shall include stepparent or sibling, foster parent as well as natural parent of the employee.

3. EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an employee’s brother or sister by marriage or domestic partnership, or parents by marriage or domestic partnership, and grandparents of employee or by marriage or domestic partnership.

4. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE.

5. The EMPLOYER reserves the right to request proof of the death of the deceased and the employee’s relationship to the deceased.

H. R
etirement System and Contribution

ITEM 14
EXHIBIT “A”
9 1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as 2% at 60.

2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County Employee’s Retirement System. Said contribution shall be vested in the employee’s name as permitted under the rules and regulations of the Act. To offset the Classic member’s full payment of the employee retirement contribution, EMPLOYEE shall be paid an amount equal to 6% of EMPLOYEE’S Annual Base Salary.

I. A
utomobile Allowance

EMPLOYEE shall receive a $300.00 car allowance in lieu of using a city car to drive to and from work. EMPLOYEE may use a city car as may be available to perform city business.

J. Cell Phone

Employee shall be provided a City phone to conduct City business.

Professional Development

1. EMPLOYER recognizes that it is in the best interest of the City and the EMPLOYEE that EMPLOYEE enrich his professional development and represent the interests of the City by participating in the various national, state, regional and local associations and organizations relevant to his profession and the interests of the City. The EMPLOYER therefore agrees, subject to Council allocating necessary funding as part of the City’s annual budget, to pay for membership in various associations and organizations (i.e. ICMA), attendance at various conferences (i.e. League of California Cities) and functions . Such activities will be considered part of the EMPLOYEE’S normal work activities.

2. As an incentive for furthering individual professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900.00 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’S professional development. Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this benefit may be used to assist in the payment of expenses for EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this City, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to City employment, and/or payment for applicable tuition, books, or reference resources.

Acquisition of computer hardware, computer software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing their City-employment responsibilities and the purchase(s) remain the property of the City.

Other Voluntary Benefits
ITEM 14
EXHIBIT “A”
10 Through a Section 125 program and effective with the plan year beginning January 1, 2017, the City shall provide EMPLOYEE a $1,200 annual allowance for payment of pretax life/AD&D, long- term disability or other supplemental insurance premiums, and contributions to Flexible Spending Accounts (daycare and unreimbursed medical expenses) or Health Savings Accounts (HSA).

The selection of these benefits is voluntary on the part of the EMPLOYEE.

The allowance shall be provided on a semi -monthly basis —$50 over 24 pay periods.

The City shall continue a Section 125 program f or pre -tax deductions for the EMPLOYEE share of life/AD&D, long -term disability or other supplemental insurance premiums, and for Flexible Spending Accounts (daycare and unreimbursed Medical expenses) or Health Savings Accounts (HSA).

The City retains the discretion to select the voluntary benefit plans offered to EMPLOYEE. In the event the City makes changes to the plan selection, EMPLOYEE will receive advance notice and opportunity to discuss concerns regarding the changes.

M. E
ducational Incentive

In order to promote highly trained and skilled professionals, the City is willing to provide education incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. City Manager with a Master’s degree shall receive an additional pay incentive of twelve percent (12%).

SECTION X – I

NDEMNIFICATION

EMPLOYER shall defend, hold harmless, and indemnify EMPLOYEE against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE’S duties as City Manager. EMPLOYER shall prevail or compromise and settle any such claim or suit and pay the amount of any settlement rendered thereon. Said indemnification shall extend beyond termination or separation of employment, and the otherwise expiration of this Employment Agreement, to provide full and complete protection to EMPLOYEE, by the City of Ceres, as described herein, for any acts undertaken or committed in EMPLOYEE’S capacity as City Manager, regardless of whether the notice or filing of a lawsuit for such tort, claim, demand or other legal action occurs during or following EMPLOYEE’S employment with EMPLOYER.

SECTION XI –

BONDING

EMPLOYER shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE under any law or ordinance.

ITEM 14
EXHIBIT “A”
11 SECTION XII – NOTICES

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, first class postage, addressed as follows or to such other address as may be subsequently furnished by either party in writing:

EM
PLOYER: Ceres City Council
2720 Second Street
Ceres, California 95307

EM
PLOYEE: Alex Terrazas

Los Banos, California 953

Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.

SECTION XIII -

GENERAL PROVISIONS

1. This Employment Agreement constitutes the final, complete, and exclusive statement of the agreement between the PARTIES relating to EMPLOYEE’S employment and supersedes all other prior or contemporaneous oral or written understandings and agreements. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

2. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of EMPLOYEE.

3. This Employment A greement shall become effective immediately upon the adoption of a resolution authorizing the Mayor to execute this agreement.

4. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder, or any portion thereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect.

5. This Employment Agreement may be modified in writing from time to time, by resolution of the City Council. Changes will be considered at least annually.

ITEM 14
EXHIBIT “A”
12 Dated: May 23, 2022

CITY OF CERES, EMPLOYER
Dated: May 23, 2022

By: _________________________
Javier Lopez, Mayor

__________________________
Alex Terrazas, City Manager

ATTEST:

______________________________
Annabelle Aguilar, Interim City Clerk
(Seal)

APPROVED AS TO FORM:

______________________________
Tom Hallinan
City Attorney

Reso. No. 2022-37; 5/23/2022
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778

James Michaels, Senior Planner
[email protected], (209) 538-5 774

SUBJECT:

Public Hearing to consider an appeal of the Planning Commission’s decision of approving a Conditional Use Permit entitlement to allow an existing snow cone/iced coffee business to operate on a year - round basis without a drive-thru operation
at 2000 Central Avenue.

The City Planning Commission considered this proposal at their April 18, 2022 meeting and approved the Conditional Use Permit request without a drive-thru operation by a 5-0 vote.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council consider and decide to either approve or deny the appeal of the Planning Commission’s decision to prohibit the drive- thru operation at the snow cone/iced coffee business located at 2000 Central Avenue.

I. BACKG ROUND:

The applicant, “Heaven Snow”, is a business located at 2000 Central Avenue (near the La Sequoia Super Market) that operates for six months out of each year (from April through October) as a shaved ice stand selling iced cold treats to its customers and has been operating from the site since 20 07. Due to the size of the building that is utilized for the operation (less than 120 square feet), the City’s Zoning Code allows the applicant to operate for no more than six months (180 consecutive days) out of the year through the City’s Administrative Permit process.

In September 2021, the applicant met with staff to discuss the possibility of operating on a year - round basis and requested a 6- month extension of their existing Administrative Permit, thereby ITEM 15
allowing the applicant to operate during the Fall/Winter season (from October 2021 through April 2022) to see if there is enough demand where the applicant would want to remain open year - round. Staff granted the applicant a 6-month extension which is set to expire on April 10, 2022.

In mid-February of 2022, the applicant informed staff that there is enough demand for their business to remain open year -round, but that they would also like to explore the possibility of incorporating a drive-thru as part of their operation. As the commerci al zoning allows drive-thru restaurant uses subject to the approval of a Conditional Use Permit (CUP), staff determined the applicant’s proposal is consistent with a drive -thru restaurant use and may request the approval of a CUP. Approval of the CUP would allow the applicant to operate on a year -round basis with the possibility of allowing a drive-thru as part of their operation. The applicant proceeded to submit the CUP application on March 14, 2022, and the Planning Commission considered the request at their April 18, 2022 meeting.

Discussion and Conclusion of Planning Commission Meeting

At the April 18, 2022 Planning Commission meeting, staff presented the applicant’s proposal highlighting that the applicant desires to incorporate a drive- thru to provide greater flexibility to their customers when ordering. It was discussed that the administrative permits that were approved in previous years did not allow for a drive- thru operation due to concer ns that a drive- thru would potentially obstruct both on- site traffic flow within the parking lot area that serves the customers of the nearby La Sequoia Super Market grocery store, as well as the off-site traffic flow with vehicles queuing onto the Central Avenue roadway.

To address staff’s concerns regarding potential traffic conflicts with the drive- thru, the applicant proposes that the side parking lot window on the east end of the building would only be utilized for taking orders and payment and incorporating a directional sign on the building that indicates that no more than two vehicles would be allowed at a time in the drive- thru. As may be needed, employees would direct all other customers to the grocery store parking area so that the Central Avenue entrance remains unobstructed.

Upon the completion of staff’s presentation, the Planning Commission and several members of the public voiced their concerns about allowing a drive- thru as part of the operation, indicating that allowing a drive-thru creates difficulty for vehicles being able to maneuver safely in and out of the site and that the potential of vehicles q ueuing up onto Central Avenue will create a public safety issue.

With no further discussion taking place, by a 5 -0 vote, the Planning Commission approved the Conditional Use Permit to allow for the business to operate year round, but made one modification to Condition of Approval B-2 of Resolution No. PC 22-07 to state that the business operation shall not include a drive-thru.

Appeal Received on April 28, 2022 from Ms. Violet Saveh of Heaven Snow Following the Planning Commission meeting, an appeal of the Planning Commission’s decision was received from the applicant (Ms. Violet Saveh of Heaven Snow) on April 28, 2022 in regards to the Planning Commission’s decision to not allow a drive-thru as part of the approved Conditional Use Permit for the operation (see Attachment 1).

ITEM 15
II. REASONS FOR RECOMMENDATION:

The decision rendered at the Planning Commission meeting was a 5-0 vote to approve the Conditional Use Permit to allow the existing snow cone/iced coffee business to operate on a year- round basis without a drive -thru. Staff recommends the City Council evaluate the Planning Commission’s decision and either agree with prohibiting the drive-thru, or disagree and allow the drive-thru. The Planning Commission’s decision to deny the drive-thru component was based on the following reasons:

1. Allowing a drive-thru creates difficulty for vehicles being able to maneuver safely in and out of the site.

2. The potential of vehicles queuing up onto Central Avenue will create a public safety issue.

Regardless of whether the City Council decides to approve or deny the appeal, it should be noted that the City still has the ability to revoke the CUP if the applicant does not comply with the approved conditions. The applicant is aware that the City of Ceres reserves the right to review this CUP as the need arises, determined from complaints received (i.e. number of nuisance calls received from Police Department or Code Enforcement, etc.). The City may impose new conditions or revoke the CUP at such Planning Commission review, which would cause all activities at the site to cease.

If the City Council, elects to approve the appeal, then the City Council would make a motion to appr
ove CC Resolution No. 2022-TBD (Alternative).

III. F ISCAL IMPACTS:

None.

IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

None.

V. PO LICY ALTERNATIVES:

1. A pprove the Appeal as proposed by the applicant , thereby allowing the applicant’s proposed drive-thru component.

VI. I NTERDEPARTMENTAL COORDINATION:

None.

VII. P UBLIC PARTICIPATION:

Public noticing was sent and published in the Ceres Courier on May 11, 2022. The same level of notice was also sent prior to the Planning Commission hearing.

ITEM 15
VIII. ENVIRONMENTAL REVIEW:

This proposal was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15332, Class 32 (In-Fill Development Projects).

IX. ST EPS FOLLOWING APPROVAL:

The applicant (Heaven Snow) would be permitted to operate their snow cone/iced coffee business on a year-round basis without a drive-thru operation.

Approved by: ____________________________
Alex Terrazas, Interim City Manager
Attachments:

1. Appeal filed by Heaven Snow Shaved Ice, LLC. received April 28, 2022

2. CC Resolution No. 2022-TBD

3. C
C Resolution No. 2022- TBD (Alternative)

4. PC Resolution No. 22-07

5. April 18, 2022 Planning Commission Draft Minutes

6. April 18, 2022 Planning Commission Meeting Staff Report

ITEM 15
Attachment 1
ITEM 15
ITEM 15

RESOLUTION NO. 2022 - TBD

RESOLUTION OF THE CITY OF CERES CITY COUNCIL DENYING AN

APPEAL REGARDING ALLOWING A DRIVE -THRU AND UPHOLDING

THE PLANNING COMMISSION APPROVAL OF THE CONDITIONAL

USE PERMIT TO ALLOW THE EXISTING S NOW CONE/ICED COFFEE

BUSINESS TO O PERATE ON A YEAR- ROUND BASIS WITHOUT A
DRIVE-THRU OPERATION AT 2000 CENTRAL AVENUE .

APPLICATION NUMBER CUP 22-08.

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council o f the City of Ceres, State of California, has considered said appeal regarding allowing a drive- thru and upholding the Planning Commission approval of the Conditional Use Permit to allow the existing snow cone/iced coffee business to operate on a year -round basis without a drive -thru operation at 2000 Central Avenue; and

WHEREAS, Hector Irasava and Violet Saveh of Heaven Snow Shaved Ice, LLC., applicants for the Heaven Snow operation located at 2000 Central Avenue filed an appeal, on April 28, 2022, of the City Planning Commission’s decision to deny the drive- thru for the operation; and,

WHEREAS, the City Council held a duly notic ed public hearing on May 23, 2022 at 6:00 p.m. and considered all testimony and comment s presented whether orally or in writing; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 20 22, at 6 :00 p.m. and considered the appropriate documents regarding the potential environmental effects of the proposed application, including any comments received during the public review period whether orally or in writing; and approved the Conditional Use Permit to allow the existing snow cone/iced coffee business to operate on a year-round bases without a drive-thru operation by a 5-0 vote; and

WHEREAS, the property affected by this resolution is located at 2000 Central Avenue, Ceres, CA 95307; and,

WHEREAS, the property af fected by thi s resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

That portion of the Southwest quarter of Section 11, Township 4 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:

Beginning at a point that is North 0° 26 ' 40" West 1837.35 feet and South 89° 33' 30" East 20.00 feet from the sect ion corner common to Sections 10, 11, 14, and 15 of above mentioned Township and Range, said point being on the East l ine of North Central Avenue; thence South 89° 51' East along the S outh line of 60-f oot road known as Cas well Avenue, recorded in Vol. 1006 of Offi cial Records, Page 24, Stanislaus County Records, a distance of 210.00 feet; thence South 0° 26 ' 40" East 200.00 feet; thence North 89° 51' West 210.00 feet; thence North 0° 26 ' 40" We st parallel and ITEM 15

distant 20.00 feet East of the section line common to Sections 10 and 11, a distance of 200.00 feet to the point of beginning.

APN: 127-036-001

NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Counci l of the City of Ceres denies the appeal regarding allowing a drive- thru and upholds the determination of the City Plan ning Commission made at the April 18 , 20 22 Planning Commission meeting to approve the Conditional Use Permit to allow the existing snow cone/iced coffee business located at 2000 Central Avenue to operate on a year -round basis without a drive-thru operation.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of May 2022, by the following vote:

AYES: C ouncil Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor

ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk

ITEM 15
RESOLUTION NO. 2022 – TBD (ALTERNATIVE)

RESOLUTION OF THE CITY OF CERES CITY COUNCIL APPROVING

AN APPEAL IN ORDER TO ALLOW A DRIVE -THRU OPERATION FOR

THE EXISTING SNOW C ONE/ICED COFFEE BUSINESS TO OPERATE ON A YEAR- ROUND BASIS AT 2000 CENTRAL AVENUE .

APPLICATION NUMBER CUP 22-08.

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City Council o f the City of Ceres, State of California, has considered said appeal in order to allow a drive -thru operation for the existing snow cone/iced coffee business to operate on a year round basis at 2000 Central Avenue; and

WHEREAS, the City Council held a duly notic ed public hearing on May 23, 2022 at 6:00 p.m. and considered all testimony and comment s presented whether orally or in writing; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 20 22, at 6 :00 p.m. and considered the appropriate documents regarding the potential environmental effects of the proposed applicati on, including any comments received during the public review period whether orally or in writing; and approved the Conditional Use Permit to allow the existing snow cone/iced coffee business to operate on a year-round bases without a drive-thru operation by a 5-0 vote; and

WHEREAS, the property affected by this resolution is located at 2000 Central Avenue, Ceres, CA 95307; and,

WHEREAS, the property af fected by thi s resolution is situated in the City of Ceres, County of Stanislaus, and State of California and is described as follows:

That portion of the Southwest quarter of Section 11, Township 4 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:

APN:
127-036-001
ITEM 15

NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Counci l of the City of Ceres approves the appeal in order to allow a drive- thru operation for the existing snow cone/iced coffee business to operate on a year -round basis at 2000 Central Avenue , thereby overturning the deci sion made by the City Plan ning Commission the April 18, 2022 Planning Commission meeting with respect to the drive- thru.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of May 2022, by the following vote:

AYES: C ouncil Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor

ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk

I:\PLANNING\DEPT\PLANNING\City Council\2022\CC Reso 2022-43 (May 23, 2022, 22-08 CUP - Heaven Snow Appeal @ 2000 Central Avenue).doc

ITEM 15
Attachment 4
ITEM 15
Begi
nning at a point that is North 0° 26 ' 40" West 1837.35 feet and South 89° 33' 30" East 20.00 feet from the section corner common to Sections 10, 11, 14, and 15 of above mentioned Township and Range, said point being on the East line of North Central Avenue; thence South 89° 51' East along the South line of 60-f oot road known as Cas well Avenue, recorded in Vol . 1006 of Offi cial Records, Page 24, Stanislaus County Records, a distance of 210.00 feet; thence South 0° 26 ' 40" East 200.00 feet; thence North 89° 51' West 210.00 feet; thence North 0° 26 ' 40" We st parallel and distant 20.00 feet East of the section line common to Sections 10 and 11, a distance of 200.00 feet to the point of beginning.

APN: 127-036-001
WHE
REAS, the Plannin g Commission based on the evidence within the staff report and project file find that:

1. The
proposed Conditional Use Permit application is consistent with the purpose and intent of the “Neighborhood Commercial (NC)” designation of the Ceres General Plan.

2. The
proposed Conditional Use Permit application is c onsistent wit h the purpose and intent of the “N eighborhood Com mercial (C-1)” zoning designation as defined in the Zoning Ordinance.

3. The p
roposed use is appropriate and located on Central Avenue, which is a commercial core area within Ceres.

4. The pr
oject will have no adverse effect on surrounding properties.

5. The pr
oject will not endanger any wildlife or wildlife habitat.

6. The c
onditions stated herein are deemed necessary to protect the public health, safety and general welfare.

7. The p
roposal is consistent with the previous Planning Com mission’s determination (on March 18, 1996), that a shaved ice stand is a permitted use in a commercial center.

8. The appl
icant received consent from the property owner to allow the operation as proposed.

NOW
, THEREFORE, BE IT RE SOLVED by the Planning Comm ission of the City of Ceres as follows:

Sec
tion 1. The Planning Commission hereby con firms that the Conditional Use Permit is Categorically Exempt and is not subject to further ITEM 15
ITEM 15
EXHIBIT “A”
CON

DITIONS OF APPROVAL
Condit
ional Use Permit # 22-08
Ci
ty of Ceres
2000 Central Avenue
Ceres, CA, 95351
Pr
epared: April 5, 2021
Approved by the Planning Commission: October 18, 2021
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A
A. PROJECT AUTHORIZATION

1. The pr
oject shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.

2. Appr
oval is limited to the conformance of the land use and zoning.

Use of the proper ty shall be limited to the residential uses and those permit ted uses per the “N eighborhood Commerc ial ( C–1)” zoning district as applicable, as it exists now or may be amended in the future.

3. This Cond
itional Use Permit entitlement shall expire within 24
months (April 18, 2024) unless a building permit is issued, or the use is exercised, or a request for extension is received by t he City prior to expiration of the permit and approved by the Planning Commission. IT SHAL L BE THE RESPONSIBILITY OF THE

APPLICANT/PROPERTY OWNER TO B E AWA RE OF THE

EXPIRATION DATE OF THIS EN TITLEMENT AND TAKE THE

NECESSARY STEP S TO ENS URE THE APPROVAL OF THIS
ENTITLEMENT REMAINS VALID. IT SHALL NOT BE THE CITY

OF CERES RESPONSIBILITY TO NOTIF Y THE
APPLICANT/PROPERTY OWNER OF T HE PROJECT’S
EXPIRATION D ATE. IF A N APPROVED ENTITLEMENT

EXPIRES, THE APPLICANT/PROPERTY OWNER SHALL BE

REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR
THIS PROJECT.

ITEM 15
B. PROJECT SPECIFIC CONDITIONS
The appl
icant shall demonstrate conformance t o the following conditions to the satisfaction of the Planning and Building Division:

1. The pr
oposed operation is permitted to operate seven (7) days a week on a year -round basis . The use shall not commence until all conditions have been met.

2. The o
peration shall not include a drive-thru.

3. The appl
icant shall ensure that the shaved ice stand building utilized to conduct this operation obtains the appropriate building permit from the City Bui lding Division. Additionally, o ne (1) temporary shade structure shall also be permitted to operate in co njunction with the building in which the final placement shall be approved by the Planning Division. Any other structures (i.e. pop-out tents/easy ups, etc.) shall be prohibited.

4. The s
haved ice stand building will be allowed to get electrical power from the GFI outlet at the parking lot pole light subject to first obtaining the approval of a temporary power permit per the City of Ceres B uilding Division (209) 538- 5753. Any extension cords permitted shall be protected the full length from the light pole to the structure. If generators are used, they must be grounded. The applicant shall provide an emergency telephone number on the structure.

5. All shaved ice /iced co ffee sales shall be located within the area approved by the Director of Community Development as shown on the aerial site plan. All sales transactions must take place on private property.

6. The ap
plicant shal l obtain the nece ssary business license for this activity and post it on the building along with a copy of this permit.

7. Any
signage used at this location shall meet the requirements of Municipal Code Section 18.26. Temporary signs shall not be allowed with this operation.

8. Outs
ide storage is not permi tted. The applicant shall remove any tables and chairs on a daily basis at closing. Outdoor dining associated with this operation is allowed on the subject site provided that the designated dining area does not block traffi c circulation or the sidewalk.

ITEM 15

9. The oper
ation may sell shaved ice, beverages and similar
convenience products. Full food preparation and cook ing is not allowed. The applicant shall obtain appropriate permits from the Stanislaus Co unty Health Department and shall p rovide copies of those approvals to City staff.

10. The a
pplicant shall provide a public trash can and be responsible for the clean-up of all trash caused by this activity. The applicant shall be responsible for any and al l damage that may occur on the site as a result of this event.

11. A fi
re extinguisher is required for the operation, which shall meet the requirements of the Fire Department (i.e. 2A:10BC rating, etc.). The extinguisher must be mounted readily accessible with the top no higher than 4 feet. The applicant shall ensure that the extinguisher is serviced annually as required by the Fire Department.

12. All e
lectric wiring shall be in compliance with the California Fire Code.

The main electr ical service disconnect mus t be ac cessible from the exterior of all buildings. A shunt trip is an acceptable option.

13. All e
xiting from the shaved ice stand building shall meet the California Fire Code. A minimum of a 26- foot fire ap paratus access shall be maintained in the parki ng lot at all times and ac cess shall not be obstructed by tables, chairs or other objects.

14. An
on-site inspection shall be required by the Fire Department prior to conducting the operation. Contact the Fire Department at (209) 577-6450.

CITY OF CERES

PLANNING COMMISSION

MEETING MINUTES
April 18, 2022
Planning Commission conducted this meeting in accordance with California Gover nment Code Section 59453, Subdivision (e) of the Ralph M. Brown Act (California Government Code Section 54950, Et. Seq.), Ceres Resolution No. 2022-06, and the Federal Americans with Disabilities Act.

ME
ETING CALLED TO ORDER: 6:02 p.m.

PLED
GE OF ALLEGIANCE:

The Pl
edge of Allegiance was led by Chairperson Smith.

RO
LL CALL:

PRESEN
T: Commissioners: Del Nero , Johnson, Kachel , Martinez, Chairperson Smith
ABS
ENT: None
AL
SO PRESENT: Director of Community Development Christopher Hoem , Senior Planner James Michaels, Economic Development
and Redevelopment Manager Anthony Sims, Associate
Engineer/Interim Public Works Director Sam Royal, City Attorney Josh Varinsky , Administrative Secretary Ann
Montgomery
CONFLICT OF INTEREST DECLARATION:

None

CIT
IZEN COMMUNICATIONS:

None

CONS
ENT CALENDAR:

1. Cler
k’s Report of Posting. The Agenda for the regular meeting of the P lanning Commission of April 18, 2022 was posted on April 13, 2022.

2. Appr
oval of Minutes
a. March 21, 2022 (Johnson absent)
Attachment 5
ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

2 3. Lot Line Adjustment (LLA) 22-03 ; Resolution No. PC 22-06 ; Approving a Lot Line Adjustment for Ceres Gateway Center, LLC., to adjust an existing property line shared between two properties located at the southwest corner of Service Road and Mitchell Road.

ACTION: It was moved by Commissioner Del Ne ro; seconded by Commissioner Martinez to approve Items 1 and 3 on the Consent Calendar . Motion passed by the following vote:

AYES: Commissioners Del Nero, Johnson, Kachel, Martinez, Chairperson Smith NOES: None
ABSENT: None

ACTION: It was moved by Commissioner Kachel ; seconded by Commissioner Martinez to approve Item 2.a. on the Consent Calendar. Motion passed by the following vote:

AYES: Commissioners Del Nero, Kachel, Martinez, Chairperson Smith NOES: None
ABSENT: None
ABSTAIN: Commissioner Johnson

CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

None

PUBLIC HEARINGS:

4. Conditional Use Permit (CUP) 22- 08; A proposal for a Conditional Use Permit entitlement to allow an existing snow cone/iced coffee business to operate on a year- round basis at 2000 Central Avenue. Hector Irasava and Violet Saveh, applicants.

Senior Planner, James Michaels presented the staff report.

Commission Discussion:

• Commission Kachel inquired about the size of the building.

Mr. Michaels replied that it is less than 120 square feet; he believes it’s close to 10’ x 10’ or 10’ x 11’.

• Commissioner Kachel asked when the business was originally approved. It stated in the staff report that it was only allowed for six months because of the size. What’s the thinking behind that direction?

Mr. Michaels explained that that’s actually written in the code for Administrative Permit s.

He believes the idea is when it’s more than 120 square feet, it would typically be a building permit for a more permanent building, that would be required. The code actually talks ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

3 about if it’s less than 120 squa re feet. That was the process there. That’s been in the code for quite some time and that was the thought there.

• Commissioner Kachel confirmed that there’s no restroom in there.

Mr. Michaels concurred and noted that the customers would be utilizing the restroom facilities at the La Sequoia supermarket, as well as the employees.

• Commissioner Martinez inquired about their current operating months.

Mr. Michaels explained that typically it would be April through October and that has been consistent throughout the years. They were more of a summer operation, and it wasn’t until last October that the applicant approached him to discuss the possibility of extending their permit, as a trial. They were looking to do some other items, such as coffee.

• Commissioner Martinez verified that the plan was to allow only two cars in their drive- thru.

Mr. Michaels confirmed no more than that at any one time.

• Commissioner Martinez asked if there would be any penalty or anything that would happen if they can’t continue to keep only two cars in their drive- thru at any one time because hypothetically, if an employee is making a drink, how are they going to also manage the cars in line as well.

Mr. Michaels explained that there would have to be at least one other employee, that would have to be on the look out to see that and direct folks accordingly. If we had multiple complaints about queuing out in Central Avenue, that would be something we’d have to pay attention to, note it and maybe have to make some adjustments to the Conditions or evaluate further and see what may need to be done.

• Commissioner Martinez confi rmed that currently there are no potential penalties in place.

Mr. Michaels replied, not as such; not yet.

• Commissioner Martinez inquired if this was the first time the applicant has requested something like this.

Mr. Michaels said for year-round, yes.

• Commissioner Del Nero asked if this type of business needs a business license.

Mr. Michaels responded, yes and stated that Heaven’s Snow does have one.

• Commissioner Del Nero verified with Mr. Michaels that it’s for 6 months, and this will be year-round, if it’s approved. Commissioner Del Nero asked if there’s any other business in town like this.

ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

4 Mr. Michaels replied, no; not to staff’s knowledge. The only one you could compare this to, that might have some similarities would be the single food truck operators that we might have. Other than that, this would be the first.

• Commissioner Del Nero remarked that during Christmas, he knows that this may be a far-fetched question; we grant, let’s say Home Depot to block off their area to put Christmas trees. Is this what we’re talking about or is this something totally different?

Mr. Michaels explained that with Home Depot, that was part of their Use Permit , that allowed them to do that on an annual basis. They could choose to do it or not. In this case, the applicant would have the right to do it year -round, but only on this particular property. If they decided certain things were not working out, the use goes away. If it’s not utilized in some other fashion that’s appropriate, then the Use Permit would generally go away. It’s supposed to be continuous; it typically runs with the land.

• Commissioner Martinez asked if the applicant plans on making additions to the building or are they going to cut in a drive thru.

Mr. Michaels replied that there wouldn’t be enough room where this is located. Essentially, they’ll be taking back the parking spaces for access. So, what you see there, basically they’re allowed to do the one, just to the west end of the building, like a pop- up thing for shade; a shade structure that they typically might have during the summer or maybe winter, during operating hours. But that would be it; that would be the limit.

• Commissioner Martinez inquired if they plan on taking orders at the window or do they plan on building a menu further down.

Mr. Michaels responded that as far as he knows, it will be orders at the window. The applicant can probably elaborate on that though.

• Commissioner Johnson stated that Commissioner Martinez addressed the drive- thru issue; enforcement of a line not backing up onto Central Avenue. He sees a very likely scenario and feels that enforcing that is going to be kind of hard.

Mr. Michaels explained that what could happen is, this could be a step-by-step basis. So, depending on how the operation goes, once the drive -thru is implemented; if we get complaints, we could evaluate it and see if there are any options. If there are, we can work with the applicant and plan on doing that. If after those measures are still not working, and it appears to be a nuisance, staff might do a further evaluation and then bring it back to the Commission for some type of review and then possibly revoking the Use Permit. That we do have as part of the Conditions of Approval; that if it didn’t work out, couldn’t work out, and it was more, shall we say, not good for the community, a safety issue, then the Commission at that time would have the opportunity to revoke that Use Permit.

• Chairperson Smith noted that she has some follow -up on questions that were asked previously:
o Question from Commissioner Kachel about the size of the building being 120 square feet, and James noted that was due to the fact that anything over 120 square feet requires a building permit. Chairperson Smith asked if the building has electricity and water?
ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

5 Mr. Michaels remarked that they have the opportunity; they would have to get that; that is correct. An electrical permit would be done through the Building Division. Mr. Michaels believes it has been a condition on previous Administrative Permits.

o Commissioner Smith verified that right now, in order to operate, they have to have electricity and water. So, those are separate permits; it doesn’t require an entire building permit, just an electrical.

o W ith regard to the Health Department, the Health Department also regulates this type of activity. She read in the Condition that the Health Department approval does not allow any food preparation. They are allowed to see pre- packaged food, and she thinks for preparing food, they have to have access to hot water. They also have to have a designated restroom location.

Chairperson Smith inquired if this means they have some sort of documentation from La Sequoia Market regarding use of their restrooms.

Mr. Michaels confirmed that La Sequoia Market has provided staff a letter giving them permission and support what Heaven’s Snow is doing.

o Chairperson Smith verified that this includes the use of the restroom by the employees as well as the customers.

o Some questions were already asked, but Commissioner Smith stated she has some concerns about the drive thru issue. While there’s no enforcement mechanism, it would be more based on a complaint basis. Hypothetically, let’s say, that this Conditional Use Permit, with the drive thru was approved. And, it wasn’t working out, and it comes back to the Commission. So, the whole Conditional Use Permit is revisited, and it could be reissued, excluding the drive thru. And the same holds true for tonight. The Conditional Use Permit could be issued excluding the drive thru.

Mr. Michaels confirmed that is correct.

o Chairperson Smith stated that she was interested, and she thinks she received a response about the other surrounding businesses. In fact, those four corners seem to be hopping right now with George’s Liquor opening recently and his grill and gas station. She inquired if these businesses, including George’s and the others that are in the area, were all notified.

Mr. Michaels noted that the Property Owners were notified.

o Chairperson Smith remarked that that doesn’t necessarily mean that the businesses were notified.

Mr. Michaels confirmed that is correct, but explained that the businesses have seen that snow cone shack operating for years and feels that staff would have heard by now if there were concerns.

The Public Hearing was opened at 6:28 p.m.

• John Warren, Ceres resident

ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

6 Mr. Warren expressed his concerns with the drive thru aspect of this project, explaining that it will be difficult for the customers to park after placing their order at the drive thru window, as the parking spaces are facing the other direction. He also noted that traffic may back up onto Central Avenue, and inquired that if the two employees are busy preparing the coffee beverages, who is going to go out and direct traffic and who is going to have the training to direct traffic. He also asked about employees going out to ask someone to move their car as they only allow two in the line; what’s going to happen when the person says they don’t want to move their car. Mr. Warren thinks the drive thru might have some problems to begin with that should be thought out before experimenting and then trying to come back and correct something that should never have gone forward.

Drivers are very discourteous, and he feels it’s going to be hard for an employee to go out and ask someone to move their car and have that person not comply. Mr. Warren stated he doesn’t think there is space adequate for a drive thru and he thanked the Commission for hearing his comments.

• Gene Yeakley, Ceres citizen

Mr. Yeakley inquired if this business is considered paralleled to sidewalk vending, and if it is, are they going to comply with all the sections and codes; there’s like 10 pages just in Chapter 17 on sidewalk vending even though that business is pretty much stationary, having been there for a long time. He also wanted to know if when the Planning Department was reviewing their request for certain things, if the Sidewalk Vending code was part of their decision to move forward.

Mr. Michaels explained that this is not part of the Sidewalk Vending ordinance; this was a completely separate permit use that has been going on since 2007. It wasn’t intended to be considered a sidewalk vendor, as a sidewalk vendor would just have a table and maybe a chair, with their product.

• Violet Saveh, Heaven’s Snow co-owner (applicant)

Ms. Saveh thanked the Commission for allowing her and her husband to serve this community. We’ve been here for a long time and have made lots of friends. She understands a lot of the concerns that were mentioned and as owners of a small business, the last thing they want to see is someone getting hurt, complaints or any kind of accident.

She explained that within the last 14 years, they have taken lots of measures; trained their employees, and they are consistently training as we are working throughout the day. As far as permits go, our permits have always been for six months, due to the fact that the City of Ceres never used to allow temporary or any food trucks to be allowed in the City limits. She and her husband are the third owners. The stand has been there currently for almost 30 years. They were given the 6- momth Conditional Permit due to that reason; however, when things have changed the last couple years, we decided that since we’re doing six months, we’d like to go ahead and do something for the winter since a lot of students and customers are asking us and also to give our employees the ability to work year-round. We came across a local Ceres coffee roaster and decided why not. They’re local and we’d like to continue to serve if the City allows it. We worked with Mr. Michaels and she would like to thank him and for everybody else for allowing them to do that. Their customers continue loving their coffee and they want to continue doing that year-round.

Ms. Saveh continued; as far as the drive thru goes, she doesn’t think it’s going to be more of a drive thru. She explained what their anticipation and goal is, is just to let the people who are elderly, handicapped, a mom that has lots of kids in the vehicle, that just can’t get ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

7 out, just to order and then the employees will be handling the money and order taking and have them park. Employees will be taking the order out to them or giving them the option to get out and pick up their order at the front window. Nothing is going to be handed out to them through the window. And there will be a sign indicating no more than two vehicles.

Also, Ms. Saveh understands there was a question brought up as far as two food permits being on the file. She explained that they do have six employees and she is anticipating on hiring two more. They do also employ two to three employees at a time in the stand.

They’ve never had a problem or accident as far as driving people the right direction; parking, paying and then parking, or restroom or any of that. Having had any issues, she thinks their landlord would have been the first to notify the City, she’s sure.

Ms. Saveh stated that everything that was brought up was very understood and they know that safety is their number one and always has been their number one concern. If we can give this a try, as a permit, it would be great; especially like she said, for our elderly, our handicapped. With the whole Covid situation, a lot of people are still not feeling comfortable completely getting out of their vehicle and being around other people . She feels this would be a positive thing more than a bad thing.

Chairperson Smith thanked Ms. Saveh for speaking to the Commission and for her time.

The Public Hearing was closed at 6:41 p.m.

Commission Discussion:

Commissioner Kachel stated that he appreciated the applicant’s comments. He thinks they’re trying very hard to make this work. He does have some issues, however. Basically it’s a seasonal or temporary business, as it sits right now and has been for 15 years now.

It’s in a facility which is extremely small and it just sort of sits there. He’s concerned particularly with the drive-thru portion of this. If you go in a more commercial drive thru, you see bollards posted, usually metal to keep cars from hitting buildings. Those are for safety reasons. They’re usually posted next to the order window, which is usually a microphone where you order and then you go pick it up at the window. Then there’s also the bollards there to prevent you from hitting the window or the building at that location.

We don’t have any of those safety features here that he could see and that really concerns him for the people who are inside the building. It’s kind of a difficult place to maneuver into. You come in off of north bound on Central; you turn in there and try to pull up to the window; then they take your order and money (he understands that part); but then as the gentleman spoke earlier, the parking spaces up near the store are usually full and the parking spaces right next to the shack are going the other direction. So, you’d have to go up and around and turn around. He just doesn’t think a lot of thought has been put into the drive thru portion of this from a safety point of view and from an operational point of view. He explained that when he was a young man, he actually was trained as a flagman.

He worked construction during the summers and he did flagging, where you have a stop sign and a flag and everything else. He never thought he’d use that experience in anything in his life again, but tonight it’s reminding him of how scary that can be, trying to get people to listen to you, even though you have a hard hat, a vest, a flag and a stop sign, to get them to do what you want them to do; what your job is requiring you to do. The gentleman earlier indicated that he was concerned about young people going out there, trying to get people to obey. He knows that maybe people driving to and from work is a little different than people getting a snow cone or a coffee, but it’s not easy. People just are difficult to deal with at times and he’s concerned with that. He hadn’t thought of that until the ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

8 gentleman brought it up. For all those reasons, he just has some real concerns about the drive thru portion. He can’t support that part of it at all. He understands what they’re trying to do, but he also noted that they’ve been in business for 15 years and now they want to go basically into a permanent business. It might be time to get a permanent building at a location where it’s appropriate and they can have a better entrance and exit. Mr. Kachel mentioned that we’ve got a relatively new drive thru in Ceres on another street in another location, which is built right at the entrance of a major shopping area, and that location is a little bit less than ideal, at least in his opinion, as to how it operates because the drive thru filters right into the ingress and egress for that facility. For all those reasons and he hopes that made sense, he just can’t support the project.

Commissioner Johnson stated that Commissioner Kachel pretty much covered his direction. The year-round thing doesn’t really bother him, but the drive thru; he just sees a lot of problems with that.

Commissioner Martinez noted that Commissioner Kachel said a lot of his sentiments as well. He can get behind the year-round operation, but the drive thru is a concern for him from a safety standpoint, from code enforcement. He understands the applicants, where the people would just pay, and then drive away and park, but you’re driv ing toward the direction of oncoming traffic. He’d like to mention in that photo, it looks like most of those stalls were filled. There’s nothing blocking that transformer right there, which looks like that’s where they draw their power from, so he would hate to see a car hit that. And, he does have some concerns about having high school aged children try to tell adults in their car, they need to move. So, he also agrees with Commissioner Kachel and that is a pretty big concern of his.

Commissioner Del Nero stated that after hearing everybody, he really doesn’t have too much to add. It can be, and he’s directed traffic himself in uniform, and it is kind of scary.

With that, he will support what Commissioner Kachel said.

Chairperson Smith agreed and noted that Commissioner Kachel said it very well . In addition to the concern about being able to control the drive thru traffic, there’s already so much traffic there with two schools and George’s Grill and the market and the Bingo Hall, and there’s a four-way stop; she has real concerns about traffic queuing up onto Central Avenue. She’s not in favor of a drive thru component. She thinks the year -round has some potential on it’s own. She’s grateful to see that the business is doing well enough to consider that. She knows that they serve a lot of people in that neighborhood as well as the school, but she would not be able to support the drive thru.

Having said that, Chairperson Smith asked the Commission if anyone would like to make a motion; either the motion on the agenda item or another motion that might make some adjustments to the current recommendation.

Commissioner Martinez asked if the Commission could vote on them separately; voting on the year-round permit and then voting on the drive thru or is it conditionally one or other.

Chairperson Smith replied that she’s sure that the City Attorney is with us, but said she thinks that if we were to not approve the drive thru, it would be this Conditional Use Permit without the drive thru component. So, it would just be a single motion saying “move to approve the Conditional Use Permit without the drive thru component.”

ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

9 Mr. Michaels stated that Chairperson Smith is correct, so it would mean that Condition B.2. would be eliminated from the proposal, as that’s the one that has to do with the drive thru.

Chairperson Smith stated, having said that, she asked the Commission if there is a motion anyone would like to promote.

Director of Community Development, Christopher Hoem suggested that in lieu of eliminating the Condition that Mr. Michaels just mentioned, it may be revised to still talk about a drive thru, but prohibit it, if that’s the desire of the Commission.

Mr. Hoem explained that if you’re silent on it, then it’s a mystery; but, if you call it out, then it’s something that you’ve discussed, that you’re prohibiting from having happen.

Chairperson Smith noted tha t an example would be, “Approving the Conditional Use Permit 22 -08, and prohibiting the use of a drive thru, eliminating Condition B.2. and prohibiting the use of a drive thru under the permit.”

• Violet Saveh approached the podium to speak, stating she had quick question.

Chairperson Smith informed Ms. Saveh that she’s closed the public hearing at this point, but would give her a quick opportunity, as the Commission is trying to deliberate.

• Ms. Saveh stated that as she mentioned earlier, their intent is not to do a drive thru.

Their whole purpose was, if they could have something that could at least minimize or be given a condition where they could help out people who are handicapped or elderly and can’t get out of their vehicle mainly.

Chairperson Smith responded that she appreciates that and we heard that when Ms.

Saveh stated that initially in case any of the Commissioners didn’t recall that. And she doesn’t think that a drive thru permit or condition is required for Heaven’s Snow to assist customers in their cars. She thinks that can still continue, and to bring customers out their drinks doesn’t require a drive thru condition.

Mr. Michaels confirmed that is correct.

Chairperson Smith stated that the choices are:
• Approve the recommendation as staff has made it
• Approve the recommendation with prohibiting any type of drive thru • Not allowing the issuance of the Conditional Use Permit at all

ACTION: It was moved by Commissioner Martinez; seconded by Commissioner Del Nero to approve Conditional Use Permit 22- 08, eliminating Condition B.2., specifically prohibiting a drive-thru use. Motion passed by the following vote:

AYES: Commissioners Del Nero, Johnson, Kachel, Martinez, Chairperson Smith NOES: None
ABSENT: None

NEW BUSINESS:

ITEM 15
Planning Commission Meeting Minutes
April 18, 2022

10 None

PUBLIC MEETING(S):

None

UNFINISHED BUSINESS:

None

MATTERS INITIATED BY PLANNING COMMISSION AND STAFF

None

REPORTS:

Administrative Secretary, Ann Montgomery announced that our esteemed Commissioner Kachel celebrated his birthday yesterday and asked that we all wish him a belated happy birthday.

ADJOURNMENT

The Commission adjourned at 6: 56 p.m. to the next regularly scheduled meeting of Monday, May 2, 2022.

APPROVED:

_____________________________
Laurie Smith, Chairperson

ATTEST:

Christopher Hoem, Secretary

I:\PLANNING\DEPT\PLANNING\PC\Minutes\2022\4-18-22 draft.doc ITEM 15

STAFF REPORT AND

RECOMMENDATION
April 18, 2022
TO: Plann
ing Commission
FROM: James
Michaels, Senior Planner
SUBJECT: Condi
tional Use Permit (CUP) 22-08; A proposal for a Conditional Use Permit entitlement to allow an existing snow co ne/iced coffee business to operate on a year-round basis at 2000 Central Avenue.

APPLICATIO
N 22-08 FILED: March 14, 2022

DEEMED COMPL
ETE: March 25, 2022
LOCATION: 200
0 Central Avenue, Ceres, CA 95307
ZONING: (C
-1) Neighborhood Commercial

GENERAL PL
AN: (NC) Neighborhood Commercial

SURROUNDING LA
ND
USES & ZONING: North: George’s Gas & Grill, duplexes, single-family homes, and Caswell Avenue; C-1, R-1, and
PC-59 zoning designations
South: Urhai B
ingo Hall & Ceres High School; C-1 &
C-F zoning designations
East: Park
ing lot for Urhai Bingo Hall & single-family
homes; C-1 & R-1 zoning designations
West: Vaca
nt & developed commercial parcels,
single-family homes, and Central Avenue; C-1
& R-1 zoning designations

CITY COUNCIL
Javier Lopez, Mayor
James Casey Dist. 1 Vacant, Dist. 2
Bret Silveira, Dist. 3 Mike Kline, Dist. 4
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
209-538-5774
Fax 209-538-5675
Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 1
Attachment 6
ITEM 15
PROPERTY OWNER: Ali Shuaibi
1809 Manny Court
C eres, CA 95307

APPLICANT: Hector Irasava and Violet Saveh
Heaven Snow, LLC.
2425 Dels Lane
Turlock, CA 95382

PROJECT AND SITE DESCRIPTION

The applicant is requesting approval of a Condi tional Use Permit (CUP) entitlement to allow an existing snow cone/iced coffee business to operate on a year -round basis at 2000 Central Avenue (see Vicinity Map, page 15).

The 0.96-acre site is located at the southeast corner of the Central Avenue and Caswell Avenue intersection and is currently developed with a 9,280 square foot grocery store (La Sequoia Super Market), and has curb, gutter, and sidewalk improvements along the site’s frontage areas of Central Avenue and Caswell Avenue. The parcel is surrounded by existing commercial and residential properties to the north, west, and east of the site with the Urhai Bingo Hall and Ceres High School located to the south.

GENERAL PLAN AND ZONING COMPLIANCE

The project site has a co mmercial zoning designation of “C-1, N eighborhood Commercial” per the City’s Zoning Ordinance and it has a General Plan designation of “NC, Neighborhood Commercial”. A pproval of a Conditional Use Permit entitlement is required for the proposed drive-thru operation to be conducted year-round. The project is also consistent with the following General Plan Policies:

• Goal 2.D. Promote in fill development to p rotect farmland; enhanc e community character; optimize City investment in infrastructure; provide pedestrian and bicycle friendly neighborhoods; and enhance economic vitality.

• P olicy 2 .D.1. Promote Infill. Promote infill development and reuse of underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites on the periphery.

• Goal 2. G. Promo te development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres market area and to maintain economic vitality.

Based on this information, staff believes the project with the proposed condi tions of approval will be supported by the General Pl an and applicable sections of the zoni ng ordinance.

Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 2
ITEM 15

BACKGROUND

The applicant, “Heaven Snow”, is a business located at 2000 Central Avenue ( near the La S equoia Super Market ) that operates for six months out o f ea ch year ( from April through October) as a shaved ice stand selling iced cold treats to its customers and has been operating from the site since 2007. Due to the size of the building that is utilized for t he operation (less than 120 square feet) , the City’s Zoning Code allows the applicant to operate for no more than six months (180 consecutive days) out of the year through the City’s Administrative Permit process.

In September 2021, the applicant met with staff to discuss the possibility of operating on a year-round basis and requested a 6-month extension of their existing Administrative Permit, thereby allowing the applica nt to operate during the Fall/Winter season (from October 2021 through April 2022) to see if there is enough demand whe re the applicant would want to remain open year-round. Staff granted the applicant a 6-month extension which is set to expire on April 10, 2022.

In mid-February of 2022, the applicant informed staff that there is enough demand for their business to remain open year-round, but that as part of their operation they would like to explore the possibility of incorporating a drive -thru component as p art of their operation. As the commercial zoning allows drive -thru restaurant uses subject to the approval of a Conditional Use Permit (CUP), staff determined the applicant’s proposal is consistent with a drive-thru restaurant use and may request the approval of a C UP.

Approval of the CUP would allow the applicant to operate on a year-round basis with the possibility of allowing a drive- thru component as part of their operation. The applicant proceeded to submit the CUP application on March 14, 2022.

PROJECT PROPOSAL – CONDITIONAL USE PERMIT

Site Plan

The applicant (Heaven Snow) is requesti ng approval of a CUP e ntitlement that would allow their shaved ice stand to operate on a year -round basis located at 2000 Central Avenue. The applicant has provided a narrative explaining their intent of the operation, which can be viewed on pages 17-22 of the staff report. The applicant’s typical hours of operation include:

• Spring/Summer Season: Monday through Saturday, 11:30 am – 9:00 pm • Fall/Winter Season: Monday through Friday, 7:00 am – 6:30 pm & Saturday, 7:00 am – 5:00 pm

Veh
icle access serves the site by way of two entrances from Central Avenue and Caswell Avenue that leads to the parking area of the grocery store property. Access to the property will le ad to th e grocery store’s p arking lot area consisting of 27 parking spaces. The CUP request also includes a dri ve-thru component to provide greater flexibility to their customers when ordering . Th e a dministrative permits that were approved in previous years did not allow for a drive- thru operation due to concerns that Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 3
ITEM 15
a drive-thru would potentially obstruct on-site traffic flow with in the parking lot area that serves the customers of the nearby La Sequoia Super Market grocery store and off-site traffic flow with vehicles queuing into the Central Avenue roadway. To address staff’s concerns regarding potential traffic conf licts with t he drive- thru, the applicant is proposing to utilize the side parking lot window on the east end of the building only for taking orders and payment and incorporating a directional sign on the building that indicates that no more t han two vehicles would be allowed at a time in the drive- thru.

As may be needed, e mployees would direct all o ther customers to the grocery store parking area so that the Central Avenue entrance remains unobstructed. The aerial site plan illustrates the approximate location of the two-car drive thru (see page 23). While the drive- thru is being utilized and the applicant ’s employees directing customers accordingly, i t is expe cted that a minimum drive aisle width of 18 feet would be maintained in this part of the parking lot area to allow for two -way vehicle access and the drive-thru will not conflict with vehicles entering and exiting at t he Central Avenue entrance. Staff believes these measures proposed by the applicant will help maintain adequate on-site vehicle circulation.

Staff supports the proposed CUP amendment based on the following:

1. With the amount of available on- site parking, it is highly unlikely that the applicant’s proposal would impact the parking area typically used for the existing grocery st ore use.

2. The proposal was routed to the City’s Police and Fire D epartments and there were no objections raised regarding the applicant’s proposal, provided that the applicant is willing to compl y with all conditions of approval associated with the CUP . The applicant is willing to comply with all the conditions of approval.

If the Planning Commission approves the proposal, the conditions for the project run with the property (see pages 10-13). Nonetheless, the City has the ability to revoke a CUP if the applicant does not comply with the approved conditions.

The applicant is
aware that the City of Ceres reserves the right to review this CUP as the need arises, determined from complaints received (i.e. number of nuisance c alls received from Police Department or Code Enforcement, etc.). The City may impose new conditions or revoke the CUP at such Planning Commission review, which would cause all activities at the site to cease.

CEQA

The pro posal was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined t o be Categorically Exempt per Section 15332, (Class 32 – In-Fill Development Projects).

STAFF RECOMMENDATION

Staff recommends approval of this project subject to the findings and conditions contained in the attached Draft PC Resolution.

Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 4
ITEM 15

REQUIRED ACTION

1) Make the determination that this project is exempt from environmental review pursuant to CEQA Guidelines 15332, Class 32 (In-Fill Development Projects).

2) Approval of 22-08 CUP su bject to the findings and condition s contained in the attached Draft Resolution PC 22-07.

Attachments:

Page

7-14 Draft PC Resolution 22-07
15-16 V icinity Map
17-22 Applicant’s Project Narrative w/previous Conditions of Approval 23-24 Aerial Site Plan reflecting drive-thru operation 25-26 S treet Views (reflecting appearance of building & shade structure)

I:\PLANNING\DEPT\PLANNING\PC\staff reports\2022\22-08 CUP staff report (Heaven Snow - 2000 Central Avenue).doc

Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 5
ITEM 15
Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 6
ITEM 15
RECORDING REQUESTED BY:

CITY OF CERES
When Rec
orded mail to:

City of
Ceres
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RESOLUTION NO. PC 22-07
A RESO

LUTION OF THE PLANNING COMMISSION OF THE CITY OF CERES

APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING SNOW

CONE/ICED COFFEE BUSI NESS TO OPERATE ON A YEAR -ROUND BASIS AT 2000 CENTRAL AVENUE. APPLICATION NUMBER: CUP 22-08.

PROPERT
Y OWNER: Ali Shuaibi
1809 Manny Court
Ceres, CA 95307
APPLICANT:

Hector Irasava and Violet Saveh
Heaven Snow, LLC.
2425 Dels Lane
Turlock, CA 95382
APN: 127-036
-001

WHEREAS,
the Pla nning Commission of the City o f Ceres, State of California, has consi dered said application proposing a Conditional Use Permit entitlement request t o allow an existing snow cone/iced coffee business to operate on a year-round basis at 2000 Central Avenue; and

WHEREAS,
the Planning Commission held a duly notic ed public hear ing on April 18 , 20 22 a t 6:00 p.m. and considered all testimony an d comment presented whether orally or in writing; and,

WHEREAS,
the property affected by this r esolution is located at 2 000 Central Avenue, Ceres, CA 95307; and,

WHEREAS,
the property affected by this resolution is situated in the City of Cer es, Cou nty o f Stanislaus, and State of California and is described as follows:

That port
ion of the Southwest quarter of Section 11, Township 4 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:

Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 7
ITEM 15
Begi
nning at a point that is North 0° 26 ' 40" West 1837.35 feet and South 89° 33' 30" East 20.00 feet from the section corner common to Sections 10, 11, 14, and 15 of above mentioned Township and Range, said point being on the East line of North Central Avenue; thence South 89° 51' East along the South line of 60- foot road known as Cas well Avenue, recorded in Vol . 1006 of Offi cial Records, Page 24, Stanislaus County Records, a distance of 210.00 feet; thence South 0° 26 ' 40" East 200.00 feet; thence North 89° 51' West 210.00 feet; thence North 0° 26 ' 40" We st parallel and distant 20.00 feet East of the section line common to Sections 10 and 11, a distance of 200.00 feet to the point of beginning.

APN: 127-036-001

WHEREAS, the Plannin g Commission based on the evidence within the staff report and project file find that:

1. The proposed Conditional Use Permit application is consistent with the purpose and intent of the “Neighborhood Commercial (NC)” designation of the Ceres General Plan.

2. The proposed Conditional Use Permit application is c onsistent wit h the purpose and intent of the “N eighborhood Com mercial (C-1)” zoning designation as defined in the Zoning Ordinance.

3. The proposed use is appropriate and located on Central Avenue, which is a commercial core area within Ceres.

4. The project will have no adverse effect on surrounding properties.

5. The project will not endanger any wildlife or wildlife habitat.

6. The conditions stated herein are deemed necessary to protect the public health, safety and general welfare.

7. The proposal is consistent with the previous Planning Commission ’s determination (on March 18, 1996), that a shaved ice stand is a permitted use in a commercial center.

8. T he applicant received consent from the property owner to allow the operation as proposed.

NOW, THEREFORE, BE IT RE SOLVED by the Planning Commission of the City of Ceres as follows:

Section 1. The Planning Commission hereby con firms that the Conditional Use Permit is Categorically Exempt and is not subject to further Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 8
ITEM 15
envi
ronmental review pursuant to Section 15332, Class 32 (In-F ill Development Projects) of the California Environmental Quality Act.

Section 2. The establishment and operation of Conditional Use Permit 22-08 requires compliance with the conditions of approval co ntained in this resolution and attac hed as Exhi bit “A” and on file in the Planning and Building Division, which shall be binding on all heirs, assi gnees, and successors in interest of said property.

Section 3. The Director of Community Devel opment or des ignee is hereby directed to record this Resolut ion at the office of the County Recorder of the County of Stanislaus.

Section 4. T he conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, an d other exactions. Pursuant to Gov ernment Cod e Section 66020 (d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications , reservations, and other exactions. You are hereby further n otified that th e ninety (90) day appeal period in which you may protest these fees, dedications, and reservations other exactions, pursuant to Government Code Section 66020 (a), has begun. If y ou fail to file a protest within this ninety (90) day period c omplying with all of the requirement s of Section 66020, you will be legally barred from later challenging such exaction.

PASSED AND ADOPTED by the Planning Commission of the City of Ceres at a regular meeting of said Planni ng Commission held on the 18 th day of
April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CHRISTOPHER HOEM, SECRETARY OF

THE CERES PLANNING COMMISSION

CITY OF CERES

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Agenda Item 4 - Page 9
ITEM 15
EXHIBIT “A”

CONDITIONS OF APPROVAL

Conditional Use Permit # 22-08

City of Ceres
2000 Central Avenue
Ceres, CA, 95351

Prepared: April 5, 2021
Approved by the Planning Commission: October 18, 2021
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A

A. PROJECT AUTHORIZATION

1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.

2. Approval is limited to the conformance of the land use and zoning.

3. Th is Conditional Use Permit entitlement shall expire within 24 months (April 18, 2024) unless a building permit is issued, or the use is exercised, or a request for extension is received by t he City prior to expiration of the permit and approved by the Planning Commission. IT SHAL L BE THE RESPONSIBILITY OF THE

APPLICANT/PROPERTY OWNER TO B E AWA RE OF THE

EXPIRATION DATE OF THIS EN TITLEMENT AND TAKE THE

NECESSARY STEP S TO ENS URE THE APPROVAL OF THIS
ENTITLEMENT REMAINS VALID. IT SHALL NOT BE THE CITY

OF CERES RESPONSIBILITY TO NOTIF Y THE
APPLICANT/PROPERTY OWNER OF T HE PROJECT’S
EXPIRATION D ATE. IF A N APPROVED ENTITLEMENT

EXPIRES, THE APPLICANT/PROPERTY OWNER SHALL BE

REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR
THIS PROJECT.

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Agenda Item 4 - Page 10
ITEM 15
B. PROJE CT SPECIFIC CONDITIONS

The applicant shall demonstrate conformance t o the following conditions to the satisfaction of the Planning and Building Division:

1. The proposed operation is permitted to operate seven (7) days a week on a year -round basis . The use shall not commence until all conditions have been met.

2. The proposed drive-thru lane operation shall be limited to a one way 2-car t andem drive-thru lane appro ach near the Central Avenue entrance into the subject site. To prevent cars from queuing more than the two designated spaces as illustrated on the aerial site plan (reflecting drive- thru operation), the operators of this business shall direct customers to do the following measures: specifically park within the property’s designated parking spaces, walk to the shav ed ice stand building to order the product and r emain out of the property’s drive aisle and public right-of-way areas.

3. The applicant shall ensure that the shaved ice stand building utilized to conduct this operation obtains the appropriate building permit from the City Bui lding Division. Additionally, o ne (1) temporary shade structure shall also be permitted to operate in co njunction with the building in which the final placement shall be approved by the Planning Division. Any other structures (i.e. pop-out tents/easy ups, etc.) shall be prohibited.

4. The shaved ice stand building will be allowed to get electrical power from the GFI outlet at the parking lot pole light subject to first obtaining the approval of a temporary power permit per the City of Ceres B uilding Division (209) 538- 5753. Any extension cords permitted shall be protected the full length from the light pole to the structure. If generators are used, they must be grounded. The applicant shall provide an emergency telephone number on the structure.

5. All shaved ice /iced coffee sales shall be located within the area approved by the Director of Community Development as shown on the aerial site plan. All sales transactions must take place on private property.

6. The applicant shall obtain the nece ssary business license for this activity and post it on the building along with a copy of this permit.

Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 11
ITEM 15

7. Any
signage used at this location shall meet the requirements of Municipal Code Section 18.26. Temporary signs shall not be allowed with this operation.

8. Outside storage is not permitted. The applicant shall remove any tables and chairs on a daily basis at closing. Outdoor dining associated with this operation is allowed on the subject site provided that the designated dining area does not block traffi c circulation or the sidewalk.

9. The operation may sell shaved ice, beverages and similar convenience products. Full food preparation and cook ing is not allowed. The applicant shall obtain appropriate permits from the Stanislaus Co unty Health Department and shall p rovide copies of those approvals to City staff.

10. The applicant shall provide a public trash can and be responsible for the clean-up of all trash caused by this activity. The applicant shall be responsible for any and al l damage that may occur on the site as a result of this event.

11. A fire extinguisher is required for the operation, which shall meet the requirements of the Fire Department (i.e. 2A:10BC rating, etc.). The extinguisher must be mounted readily accessible with the top no higher than 4 feet. The applicant shall ensure that the extinguisher is serviced annually as required by the Fire Department.

12. All electric wiring shall be in compliance with the California Fire Code.

The main electr ical service disconnect mus t be accessible from the exterior of all buildings. A shunt trip is an acceptable option.

13. All exiting from the shaved ice stand building shall meet the California Fire Code. A minimum of a 26- foot fire ap paratus access shall be maintained in the parki ng lot at all times and ac cess shall not be obstructed by tables, chairs or other objects.

14. An on-site inspection shall be required by the Fire Department prior to conducting the operation. Contact the Fire Department at (209) 577-6450.

Planning Commission Meeting - April 18, 2022
Agenda Item 4 - Page 12
ITEM 15

15. This c
onditional use permit (CUP) and the rights contained herein, shall run with the property. The applicant shall be aware that the City of Ceres reserves the right to review this CUP as the need arises, determined from complaints received (i.e. number of nuisance c alls received from Polic e Department or Code Enforcement, etc.) . The City may impose new conditions or revoke the CUP at such Planning Commission review, which would cause all activities at the site to cease.
i:\planning\dept\planni
ng\pc\2022\reso 22-07 (CUP 22-08; Heaven Snow @ 2000 Central Avenue).doc Planning Commission Meeting - April 18, 2022
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ITEM 15

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Joey Chavez, Recreation Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT:

Resolution No. 2022- 52, approving the use of ARPA funds to purchase banners for the Active Military/Veterans Banner Program, and designating 4th, 3rd, and North Streets as the inaugural installation corridor.

RECOMMENDED COUNCIL ACTION:

Staff reco mmends Council approve resolution 2022- 52 approving the City of Ceres Active Military/Veterans Banner Program and des ignating 4th, 3rd, and North Streets as the inaugural installation corridor.

I. BACKGROUND:

At the April 12, 2021, Council meeting, the City Council considered the M ayor’s request to place an item on the next agenda to discuss the formation of an ad hoc committee honoring veterans. Council unanimously concurred with moving the item forward.

At the April 26, 2021, Council meeting, the City Council discussed the formation of an ad hoc committee honoring veterans. During that meeting, Mayor Lopez recommended the appointments of himself, Sgt. King of the Turlock U.S. Army recruiting office, Freddy Morales of the Veterans of Foreign Wars, American Legion Commander Pete Samaniego, resident and veteran Gene Yeakley, Supervisor Channce Condit, and Councilmember Bret Silveira. Council directed staff to return to Council for the formal formation and appointment of members to the committee

During the November 8, 2021, Council meeting, the City Council discussed the M ayor’s recommended appointments and directed staff to open an application process for community members wanting to serve on the committee. The application period was open from November 15 th
through December 7th. The application was posted on the City’s website and announced in the Ceres Courier. At the December 13, 2021, Council meeting, the City Council directed staff to extend the application filing period until January 14, 2022, to allow sufficient time for additional members of the community to apply. Staff received a total of four (4) applications.

ITEM 16
Committee met a total of five times to discuss the location and logistics of the program. I would like to thank all the committee members for their dedication. Committee members are Council Member James Casey, Sgt. King of the Turlock U.S. Army recruiting office, Freddy Morales of the Veterans of Foreign Wars, American Legion Commander Pete Samaniego, resident and veteran Gene Yeakley, John Warren, Nick Otero, and Economic Development Manager Anthony Sims.

II. REASONS FOR RECOMMENDATION:

Staff recommends approval of the Active Military /Veterans Banner Program with the Inaugural installation to be on 4th, 3rd, and North Streets to show support and say thank you to those current serving in the Armed Forces who reside in, or whose family resides in, the City of Ceres. The goal is to have banners hung the week of November 10, 2022. These banners will consist of the service member’s picture, name, and branch of service. Staff also recommends Council approve the program guidelines and criteria included in the attached PowerPoint presentation.

III. FISCAL IMPACTS:

To assist with the implementation of this program, the committee request $ 7,000.00 for the first year of ARPA funding.

The program will be further self-supported by community donations and direct applicant fees.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.

V. STEPS FOLLOWING APPROVAL:

Following Council approval and direction, staff will implement the direction of the City Council.

Approved by: _____________________________
Alex Terrazas, Interim City Manager

Attachments:

1. Resolution

2. Power Point – Active Military/Veterans Banner Program ITEM 16

RESOLUTION NO. 2022-52

APPROVING THE USE OF ARPA FUNDS TO PURCHASE BANNERS FOR THE ACTIVE MILITARY/VETERANS BANNER PROGRAM, AND DESIGNATING 4TH, 3RD, AND NORTH STREETS AS THE INAUGURAL INSTALLATION CORRIDOR

THE CITY COUNCIL
City of Ceres, California

WHEREAS the City Council approved a mid-year budget which included the use of ARPA funds for various projects, Seasonal Banner Enhancements; and,

WHEREAS the ad hoc committee shall be advisory only and the committee will make recommendations to the council; and,

WHEREAS the purchase of the Active/Veterans Banner Program will have no fiscal impact on the city,

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the use of ARPA funds to purchase Active/Veterans Banner program and designating 4
th, 3rd, and North Streets as the inaugural corridor.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23rd day of May 2022, by the following vote:

AYES: Council Members:

NOES: C ouncil Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Annabelle Aguilar, Interim City Clerk

ITEM 16
ITEM 16
ITEM 16
ITEM 16

PROGRAM GUIDELINES
•
Honoree must be ACTIVELY serving in the United States Military •
Active Reserves included
•
Servicemember, or applicant, must be a qualifying resident •
Service member qualifying resident
•
If applicant is the qualifying resident than servicemember must be immediate family •
spouse, child, parent, grandchild, sibling
•
Qualifying Resident
•
City of Ceres Resident
•
Zip codes (95307,95351 and 95358)
ITEM 16

LOCATION FOR BANNERS
ITEM 16

APPLICATION PROCESS
•
Accepted Year
-
Round
•
At time of Application Submission
•
Application
•
Proof of Residency
•
Proof of Service
•
Prior to Banner Design
•
Official Military Provided Service Picture
•
Payment
–
if no sponsorship has been secured
•
Banner Design
•
Proof approval prior to printing
ITEM 16
ITEM 16

BANNER TERM/RETIREMENT
•
Banner Term
•
1 year
•
Week of Veterans Day
–
Week of Veterans Day
•
Banner Retirement
•
Council Presentation to Servicemember and/or family member representative ITEM 16

SPONSORSHIP PROGRAM
ITEM 16
BANNER

INVOICE
ITEM 16
ITEM 16

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: May 23, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, Interim City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT:

A resolution approving a Development Impact Fee Credit
Agreement between the City of Ceres and the Ceres Gateway Center, LLC.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve, by resolution, the Development Impact Fee Credit Agreement, attached as Attachment A.

I. BACKG ROUND:

The subject property, known as the Ceres Gateway Center, is located at 2812 and 2942 Service Road and consists of 13.65 acres. The zoning is RC Regional Commercial. The property owner is Ceres Gateway Center, LLC (“Developer”). On February 3, 2020, the Planning Commission approved the Vesting Tentative Parcel Map to subdivide the property into 9 parcels for commercial development.

On July 26, 2021, the City Council adopted Resolution No. 2021-77, approving a Parcel Map and Subdivision Improvement Agreement (“SIA”) for the project. The Developer is obligated to construct certain improvements as part of the project. One such improvement is a traffic signal at the entrance to the project from Service Road. The signal is part of the City’s Impact Fee program, which the City would have otherwise installed in the future without construction of the project as part of the City’s planned infrastructure improvements. Since the Developer agreed to install the traffic signal in lieu of the City, the SIA provided that the Developer would be entitled to and receive a fee credit against the payment of Impact Fees for the project. The SIA provided for a maximum of $450,000 to be credited for the construction of the traffic signal. Additionally, the SIA required an improvement security to ensure the construction of all improvements, including the traffic signal. To date and in accordance with the approved SIA, the City has already granted Developer, and Developer has already used, a portion of the Fee Credit in the amount of $294,528.64.

ITEM 17
II. REASONS FOR RECOMMENDATION:

Due to additional work requested by the City, which work was not part of the originally approved plans for the Service Road Signal, and increases in construction costs, staff recommends and the Developer agrees to increase the amount of the fee credit to $489,410.00. Since $294,528.64 has already been credited, the remaining fee credit available for use by the Developer is proposed to be $194,881.36.

An additional reason for this updated agreement is to allow for assignability of the fee credit, which was not contemplated in the SIA. The agreement would allow the Developer to transfer or assign portions of the remaining fee credit. This way, assigned businesses within the Ceres Gateway Center could use a portion of the fee credit on behalf of the Developer.

Lastly, an alternative for reimbursement of remaining fee credit is described in the agreement.

This would allow the City to reimburse the Developer when impact fees are paid by unassigned entities within the project area. The reimbursement would count against any remaining fee credit.

More details are contained within the attached Development Impact Fee Credit Agreement.

III. F
ISCAL IMPACTS:

None.

IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

None.

V. PO LICY ALTERNATIVES:

If the City Council chooses not to approve the Development Impact Fee Credit Agreement, then the financial burden of subsidizing a public improvement may fall disproportionately upon the Developer.

VI. I
NTERDEPARTMENTAL COORDINATION:

None.

VII. P UBLIC PARTICIPATION:

Public noticing was sent and published in the Ceres Courier for the original hearing regarding the Ceres Gateway Center on February 3, 2020. The public is welcome and invited to participate in the May 23, 2022 meeting to comment on this item . This item was included in the duly noticed agenda.

VIII. EN
VIRONMENTAL REVIEW:

Not applicable.

IX. ST EPS FOLLOWING APPROVAL:

ITEM 17
The City will coordinate with the Stanislaus County Recorder’s Office for the recordation of the resolution and attached development agreement.

Approved by:_____________________________
Alex Terrazas, Interim City Manager
Attachments:

1. Resolution

2. Development Impact Fee Credit Agreement

ITEM 17

ITEM 17
RESOLUTION NO. 2022-53

RESOLUTION APPROVING A DEVELOPMENT IMPACT FEE CREDIT

AGREEMENT BETWEEN THE CITY OF CERES AND THE CERES
GATEWAY CENTER, LLC.

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Gateway Center, LLC , a California Corporation. (DEVELOPER) owns the land situated in the City of Ceres , consisting of 13.65 acres, known as the Ceres Gateway Center, and located at 2812 and 2942 Service Road; and

WHEREAS, on July 26, 2021, the City Council adopted Resolution No. 2021- 77, approving a Parcel Map and Subdivision Improvement Agreement (“SIA”) for the Project; and

WHEREAS, the SIA needs to be supplemented with the attached Development Impact Fee Credit Agreement to (1) increase the amount of the Fee Credit to account for increased construction costs, (2) allow for assignability of the Fee Credit, and (3) provide further details with respect to implementation of the Fee Credit;

NOW THEREFORE BE IT HEREBY RESOLVED by the Council of the City of Ceres that it hereby approves the Development Impact Fee Credit Agreement.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Development Impact Fee Credit Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 23
rd day of May, 2022, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAINED: Council Members:

_______________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Annabelle Aguilar, Interim City Clerk
ITEM 17
ITEM 17
{CW112266.9} 1
Attachment A – Development Impact Fee Credit Agreement
ITEM 17
{CW112266.9} 2

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT
Ceres Gateway Center Subdivision
This Development Impact Fee Credit Agreement (“Agreement”) is entered into by and between the City of Ceres, a California municipal corporation (“City”), and Ceres Gateway Center, LLC (“Developer”). City and Developer may herein be referred to individually as a “ Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
A. Developer owns land in the City consisting of approximately 13.65 gross acres, located at 2812 and 2942 Service Road (the “Property”).

B. On February 3, 2020, the City’s Planning Commission approved Vesting Tentative Parcel Map No. 19-20 to subdivide the Property into nine (9) parcels for commercial development, subject to conditions of approval, also known as the Ceres Gateway Center Project (the “Project”).

C. On July 26, 2021, the City Council adopted Resolution No. 2021- 77, approving a Parcel Map and Subdivision Improvement Agreement (“ SIA”) for the Project. Resolution No. 2021-77 is attached hereto as Exhibit A.

D. De
veloper is obligated to construct certain improvements as part of the Project, as further specified in the conditions of approval and the SIA.

E. The City charges public facilities fees to new development to offset impacts to the City’s public facilities, pursuant to the Mitigation Fee Act at Government Code section 66000 et seq. (“Impact Fees”). Developer is obligated to pay the Impact Fees for the Project.

F. Dev
eloper may receive fee credits toward the Impact Fees for the Project where Developer constructs improvements that are included in the City’s Impact Fee program.

G. Developer has agreed to install a traffic signal at the entrance to the Project from Service Road (“Service Road Signal”).

H. The
Service Road Signal is part of the City’s Impact Fee program, which the City would have otherwise installed in the future without construction of the Project as part of the City’s planned infrastructure improvements.

I. The SIA provides that Developer would be entitled to and receive a fee credit against the payment of the Impact Fees for the Project, in exchange for constructing the Service Road Signal (the “Fee Credit”).

J. The Parties acknowledge that the City has already granted Developer, and Developer has already used, a portion of the Fee Credit in the amount of $294,528.64 (the “Used Fee Credit Amount”).

ITEM 17
{CW112266.9} 3
K. The purpose of this Agreement is to amend the SIA to increase the amount of the Fee Credit, allow for assignability of the Fee Credit , and provide further details with respect to implementation of the Fee Credit as set forth below.

NOW, THEREFORE, in exchange of the mutual promises and other valuable consideration contained herein, the City and Developer agree as follows:

AGREEMENT
Sect
ion 1. Developer to Construct Improvements . Developer at its sole cost and expense shall be responsible for the design, construction, installation, and bonding of the Service Road Signal. All work required of Developer under this Agreement shall be subject to the terms of the SIA (incorporated herein by reference), including without limitation, the security, warranty, insurance, indemnification, and default provisions contained therein. The improvement plans for the Service Road Signal are attached hereto as Exhibit B. The estimated cost to construct the Service Road Signal, in the form of the bid for the Service Road Signal received by Developer, is attached hereto as Exhibit C.

Sect
ion 2. Impact Fee Credits . In exchange for Developer constructing the Service Road Signal, the City shall provide the Fee Credit to Developer as follows:
(a)
Developer (and/or its assignees) will be subject to all Impact Fees that the City charges to new development, as a condition to the issuance of building permits for the Project. (b) Under the SIA, Developer is entitled to receive a Fee Credit toward Developer’s total Impact Fee obligation in the amount of Four Hundred Fifty Thousand Dollars ($450,000) or the actual cost to construct the Serv ice Road Signal, whichever is less as specified in Section IX of the SIA. Due to additional work requested by the City, which work was not part of the originally approved plans for the Service Road Signal, and increases in construction costs, the Parties hereby agree to increase the amount of the Fee Credit to Four Hundred Eighty- Nine Thousand Four Hundred Ten Dollars ($489,410). The amount of the Fee Credit shall not be changed based on actual construction costs for the Service Road Signa l. As referenced in the R ecitals, after deducting the Used Fee Credit Amount, $194,881.36 of the Fee Credit remains available for use by Developer (the “Remaining Fee Credit”).
(c)
The Remaining Fee Credit for the Service Road Signal shall first be applied toward Developer’s Transportation Impact Fee obligation. In the event the total amount of the Remaining Fee Credit exceeds the Transportation Impact Fee obligation that is due, which is expected to be the case, the City will allow and apply the excess Remaining Fee Credit toward other Impact Fee categories. The City in its sole discretion will choose the other Impact Fee categories that the excess Remaining F ee Credit may be applied against to the extent such multiple Impact Fee categories are available for such purposes, and provided that no such election shall preclude Developer (or any assignee thereof) from being able to use the entirety of the Remaining Fee Credit. Any allocation of the Remaining Fee Credit to other Impact Fee categories shall be made by the City, if at all, at the time that Developer (or any assignee thereof) pays the applicable Impact Fees, and no such allocation shall delay Developer’s or assignee’s right to use the Remaining Fee Credit to pay outstanding Impact Fees.

ITEM 17
{CW112266.9} 4
Sect
ion 3. Conditions Precedent for Fee Credits. Conditions for the City to issue or allow the use of the Remaining Fee Credit for the Service Road Signal are as follows:
(a) D
eveloper shall not be in default of any obligation to the City under the SIA beyond any applicable notice and cure period.
(b) D
eveloper shall not be in default as to any monetary obligation owed to the City, including but not limited to, the payment of plan check fees, inspection fees, ad valorem property taxes, or special assessments.

Sect
ion 4. Assignment of Remaining Fee Credit. The Fee Credit (including the Remaining Fee Credit portion thereof) is and shall remain personal to Developer and shall not run with the land, except that Developer may transfer all or part of the Remaining Fee Credit as follows:
(a) L
imitations on Assignment. Developer may transfer or assign portions of the Remaining Fee Credit under this Agreement, subject to the following: Developer shall notify the City of any such assignments, which must be in writing and must be to only (a) an owner of a parcel (other than Developer) within the Project or (b) any occupant or tenant of a portion of the Project pursuant to a bona fide lease with Developer or any affiliate thereof. In the event of any such assignment, the assignee may use the assigned portion of the Remaining Fee Credit to pay Impact Fees for the Project that would otherwise be owed by the assignee. The written notice of assignment provided to the City shall specify the Remaining Fee Credit amount that Developer has transferred or assigned to any such owner or occupant for development of all or part of a parcel of the Project or any improvements thereon. P rior to the issuance of any building permit to an assignee, the City shall confirm in writing with Developer the amount of the Remaining Fee Credit transferred to the assignee. The City will also confirm in writing Developer’s right to make any such assignment and the assignee’s right to use such credit against any Impact Fees otherwise owed by the assignee, if requested to do so by any assignee owner or occupant. (b) D
ispute Between Developer and Assignee . Developer agrees that in the event of any dispute between Developer and an assignee regarding the Remaining Fee Credit, the City may disallow the use of any of the assigned portion of the Remaining Fee Credit until Developer and the assignee provide written proof that such dispute has been resolved, in a form r easonably acceptable to the City Attorney.

Sect
ion 5. Alternative for Reimbursement of Remaining Fee Credit . In lieu of any assignment of all or part of the Remaining Fee Credit, if any entity or person other than Developer pays (whether before or after this Agreement is fully signed) any of the Impact Fees owed to the City for the Project when the entirety of Remaining Fee Credit has not yet been used by Developer or its assignees pursuant to Section 4, then the following may occur: At Developer’s written request to City , which request shall include a declaration signed under penalty of perjury specifying whether any portion of the Remaining Fee Credit has been assigned to another party or parties and, if so, the total amount so assigned, the City shall refund or pay to Developer the amount of the Impact Fees so paid, but only up to the amount of the then unused Remaining Fee Credit, ITEM 17
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which has not been previously assigned by Developer pursuant to Section 4. Said reimbursement shall be made within thirty (30) days after Developer’s written request for such to occur.

Sect
ion 6. Payment of Other Impact Fees. Nothing in this Agreement shall be deemed to affect Developer’s or any other party’s obligation to pay any and all Impact Fees for the Project, consistent with the terms of this Agreement.

Sect
ion 7. No General Obligation of City. The obligations arising from this Agreement are not a debt of the City nor a pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues. T he City’s General Fund shall not be liable for the payment of any obligations arising from this Agreement. The credit or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement.

Sect
ion 8. Termination. This Agreement may be terminated upon written notice provided by Developer to the City or by mutual written agreement of the Parties. This Agreement shall automatically terminate upon payment of the Impact Fee obligations for the Project.

Sect
ion 9. Indemnity. Developer agrees to assume the defense of, indemnify, and hold harmless the City and its officers, employees, consultants, and agents from and against all liabilities, actions, damages, claims, losses or any other obligations, including attorneys’ and consultants’ fees and expenses related to construction of the Service Road Signa l or this Agreement brought or asserted by any third party. Developer’s indemnity obligation shall include any claim or liability arising out of any failure or alleged failure of Developer to comply with California’s Prevailing Wage Law ( California Labor Code Section 1720, et seq .). Developer’s indemnity obligations shall survive termination of this Agreement.

Sect
ion 10. Exhibits. The following Exhibits attached hereto are hereby incorporated and made part of this Agreement:

Ex
hibit A: Resolution 2021-77
Exhibit B: Improvement Plans for Service Road Signal
Exhibit C: Estimate for Service Road Signal
Sect
ion 11. Notice. Any notice, payment, or instrument required or permitted by this Agreement to either Party shall be deemed to have been received when personally delivered to that Party or seventy-two (72) hours following deposit of the same in any United States Post Office, first class, postage prepaid, to the addresses specified below. Either Party may give notice hereunder to designate a different address to which subsequent notices, payments , or instruments shall be delivered.

City
: City of Ceres
2220 Magnolia Street
Ceres, CA 95207
Attn: Community Development Director
Email: [email protected]
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{CW112266.9} 6
and to City Attorney: City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: City Attorney
Email: [email protected]
Dev
eloper: Ceres Gateway Center, LLC
c/o Ogden Law Firm
1535 J Street, Suite A
Modesto, CA 95354
Attn: Daniel Ogden
Email: [email protected]
wi
th a copy to: Miller Starr Regalia
1331 N. California Blvd., 5th Floor
Walnut Creek, CA 94596
Attn: Michael Di Geronimo
Email: [email protected]
Sect
ion 12. General Provisions.

12.1 Recitals . The “Recitals” set forth above are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and the other sections of this Agreement, the other sections shall prevail.

12.2. De
fault. In the event a Party defaults in the performance of any of its obligations under this Agreement or breaches any of the provisions of this Agreement, and such default or breach is not cured by the defaulting Party within 20 calendar days of written notice from the other party specifying such default (or such longer period as may be agreed to by the non- defaulting Party), the non-defaulting Party shall have the option to seek all legal and equitable remedies in connection with this Agreement and the performance thereof.

12.3. Capt
ions. Captions to each Section of this Agreement are for convenience purposes only and are not part of this Agreement.

12.4. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.

12.5. Governing Law; Venue. This Agreement is made under, and shall in all respects be interpreted, enforced, and governed by, the laws of the State of California. In the event of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Stanislaus, California.

12.6. Entire Agreement; Modification. This Agreement and the SIA constitute the entire agreement of the Parties hereto as to the subject matter hereof, and no representation, inducement, ITEM 17
{CW112266.9} 7
promise or agreement, oral or written, between said P arties relating to the subject matter hereof not embodied in this Agreement or the SIA will be of any effect. In the event of any conflict between the SIA and this Agreement, this Agreement shall control. This Agreement may be amended only by a written instrument signed by the Parties.

12.7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one instrument.

12.8. Interpretation. E ach Party acknowledges it has reviewed this Agreement with its own legal counsel and freely entered into this Agreement. Each provision of this Agreement shall be construed as though all Parties participated equally in the drafting of the same. Consequently, the Parties acknowledge and agree that any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.

12.9. Attorneys’ Fees. In the event one of the Parties commences litigation for specific performance or damages for the breach of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys’ fees and court costs incurred.

12.10. Authority. Each Party executing this Agreement certifies, in their individual or corporate capacity that (i) they have legal or equitable title to the applicable parcels subject to this Agreement; (ii) they are authorized to enter into this Agreement, and (iii) they have complied with all requirements under state or federal law for such person or entity to execute this Agreement.

12.11. Wa
iver. No Party shall be deemed to have made any waiver of any breach of any term, condition or covenant unless said waiver is in writing and signed by the Party so waiving.

Such waiver by any Party shall not be deemed to be a waiver of any subsequent breach of the same term, covenant or condition.

12.12 For
m of Signature . In order to expedite the transaction contemplated herein, facsimile, .pdf, or other electronic signatures (including by DocuSign) may be used in place of original signatures on this Lease. Each Party intend s to be bound by the signatures on such electronic document, is aware that the other party will rely thereon, and hereby waive s any defenses to the enforcement of the terms of this Agreement based on the form of signature. [Signatures on the following page]
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{CW112266.9} 8
IN WITNESS WHEREOF, this Agreement is executed by the Parties as of the date that both Parties have signed this Agreement (“Effective Date”).

CITY:

CIT

Y OF CERES,
a California municipal corporation
By: __________
Alex Terrazas, Interim City Manager
Date:

DEVELOPER:

CER

ES GATEWAY CENTER, LLC,
A California limited liability company
By: ___
Joni F. Ogden, President
Date:

ATTEST:

By:

Annabelle Aguilar, Interim City Clerk
Date:

APP
ROVED AS TO FORM:

By:

Tom Hallinan, City Attorney
Date:

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EXHIBIT A
Re
solution 2021-77
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EXHIBIT B
Se
rvice Road Signal Improvement Plans
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EXHIBIT C
Es
timate for Service Road Signal
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5/12/22, 10:50 AM Mail - Christopher Hoem - Outlook
https://outlook.office365.com/mail/id/AAQkAGZiNmZlYWVmLTNiMGEtNGE0Yi04ZjY5LTMwMWUwNDI2YzVkYwAQAKI07ja%2BskMqjnyn50PplOo%3D 1/1 Service Rd Signal
[email protected] <[email protected]> Wed 3/23/2022 2:11 PM
To: Christopher Hoem <[email protected]>
Cc: Daniel Ogden <[email protected]>;[email protected] <[email protected]> Chris – per your request, below is a cost breakdown of the Service Rd Signal provided by UC Construcon and their subcontractor who is doing the work – Millcreek Construcon Group:

David Zylstra
ZYLSTRA COMMERCIAL, INC.

David Zylstra
[email protected]
925-788-9784 (mobile)
ITEM 17

Ceres City CouncilMay 23, 2022

Ceres City Council
May 23, 2022